notice of panel meeting · notice of panel meeting notice is hereby given in accordance with...

Notice of Panel Meeting

NOTICE IS HEREBY GIVEN in accordance with Section 56A(19) of the Development Act 1993, that a meeting of the

DEVELOPMENT ASSESSMENT PANEL

of the

CITY OF WEST TORRENS

will be held in the George Robertson Room, Civic Centre 165 Sir Donald Bradman Drive, Hilton

on

TUESDAY, 11 JUNE 2013

at 5.00 PM Declan Moore Chief Executive Officer (Acting)

City of West Torrens Disclaimer

Development Assessment Panel Please note that the contents of this Development Assessment Panel Agenda have yet to be considered and deliberated by the Development Assessment Panel and officer recommendations may be adjusted or changed by the Development Assessment Panel in the process of making the formal Development Assessment Panel decision.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013

I N D E X

1. MEETING OPENED ............................................................................................. 1

1.1 Evacuation Procedure .............................................................................. 1

2. PRESENT ............................................................................................................ 1

3. APOLOGIES ........................................................................................................ 1

4. CONFIRMATION OF MINUTES .......................................................................... 1

5. DISCLOSURE STATEMENTS ............................................................................. 1

6. REPORTS OF MANAGER CITY DEVELOPMENT .............................................. 2

6.1 141-149 Holbrooks Road, UNDERDALE .................................................. 2

6.2 18 Portland Court, FULHAM ................................................................. 120

6.3 2A Waymouth Avenue, GLANDORE .................................................... 143

6.4 299-301 Henley Beach Road, BROOKLYN PARK................................ 168

6.5 2 Press Road, BROOKLYN PARK ........................................................ 201

6.6 256 Sir Donald Bradman Drive, COWANDILLA ................................... 225

6.7 19 Windermere Avenue, NOVAR GARDENS ....................................... 252

6.8 1 Gordon Street, KURRALTA PARK .................................................... 266

6.9 Land Division - 1 Gordon Street, KURRALTA PARK .......................... 288

6.10 19, 19A & 19B Ruthven Avenue, GLANDORE ..................................... 295

6.11 69 Brooker Terrace, RICHMOND .......................................................... 306

6.12 9-11 Coral Sea Road, FULHAM ............................................................. 315

7. CONFIDENTIAL REPORTS OF MANAGER CITY DEVELOPMENT .............. 329

8. SUMMARY OF COURT APPEALS ................................................................. 329

8.1 Summary of Court Appeals .................................................................. 329

9. MEETING CLOSE ........................................................................................... 330

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 1 1. MEETING OPENED

1.1 Evacuation Procedure 2. PRESENT

3. APOLOGIES

4. CONFIRMATION OF MINUTES

RECOMMENDATION That the Minutes of the meeting of the Panel held on 14 May 2013 be confirmed as a true and correct record. 5. DISCLOSURE STATEMENTS

The following information should be considered by Development Assessment Panel Members prior to a meeting: Action to be taken prior to consideration of a matter Sections 2(4)(5) of the Minister's Code of Conduct - Section 21A of the Development Act 1993 requires that:

"If you consider that you have, or might reasonably be perceived to have an interest in the matter before the panel, you must clearly state the nature of that interest in writing to the presiding member before the matter is considered.

If you consider that you have a personal interest which may be in conflict with your public duty to act impartially and in accordance with the principles of the Act, you must declare a conflict of interest as above."

Action to be taken after making a declaration of interest: Section 2(6) of the Minister's Code of Conduct - Section 21A of the Development Act 1993 requires that:

"If you have an interest in a matter, you must not partake in any of the assessment processes involving the matter. You must leave the room at any time in which the matter is discussed by the panel including during the hearing of any representations or during any vote on the matter. You must not vote on the matter and you must not move or second any motion or participate in any discussion through the consensus process."

If an interest has been declared by any member of the panel, the presiding member must record the nature of the interest in the minutes of meeting. The following disclosures of interest have been made in relation to:

Item Panel Member

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 2 6. REPORTS OF MANAGER CITY DEVELOPMENT

6.1 141-149 Holbrooks Road, UNDERDALE Application No. 211/265/2013 Appearing before the Panel will be: Representors: Dr H and Ms A Kypreos of 4 Isley Road Underdale wish to appear in

support of the representation.

Mr Kon Athanasopoulos of 3 Isley Road Underdale wishes to appear in support of the representation.

Applicant/s Mr Andrew Wallace of Aspitech / Wireware wishes to appear to respond

to representations. DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Change of use from office / warehouse to warehouse,

manufacturing, e-waste processing and collection and metals collection

APPLICANT SA Group Enterprises Inc. APPLICATION NO 211/265/2013 LODGEMENT DATE 20 March 2013 ZONE Industry PRECINCT N/A POLICY AREA N/A APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 3 REFERRALS Internal

§ City Assets External § DPTI – Transport Services Division § EPA

ASSESSING OFFICER Shanti Ditter DEVELOPMENT PLAN VERSION

22 November 2012

MEETING DATE 11 June 2013 RECOMMENDATION CONSENT

BACKGROUND

The application was lodged with Council on 20 March 2013 and was placed on public notice on 28 March 2013. Six representations were received, one of which was received after the notification period closed and two requested to be heard by the Development Assessment Panel. As there is a representor wishing to appear before the Panel, the application is presented to the DAP for consideration.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 3 PREVIOUS or RELATED APPLICATION(S) DA 211/813/2012 (withdrawn) SITE AND LOCALITY

The subject site has a frontage of 67.42 metres to Holbrooks Road, a depth of approximately 150 metres and a rear (southern) boundary of approximately 119.06 metres. It has a total site area of approximately 12,830m2. The subject land is relatively flat and accommodates and existing warehouse and office building, car parking areas, covered canopy areas, vehicle and pedestrian access ways, landscaping and fencing. The subject land is located within an established industrial precinct on the eastern side of Holbrooks Road, with all access to the site gained from Holbrooks Road. Holbrooks Road is a DPTI controlled road with two traffic lanes in each direction. It forms an important north south connector road servicing the western suburbs. To the north of the subject land is a funeral parlour and existing residential properties. To the west of the site is the redeveloped former University of SA Underdale campus that has been developed for housing. To the south and east of the subject land is existing industrial development.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 4

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 7 PROPOSAL

The proposal is to establish an e-waste processing facility. SA Group Enterprises is a not-for-profit Australian Disability Enterprise that employs 150 people, including 75 people with a disability. The business manufacturers wire point-of-sale display stands for retail and commercial industries. It also disassembles and recycles end-of-life televisions, computers, printers and other electrical items (commonly referred to as “E-Waste”). It also refurbishes near new complete computer packages including software, for sale to low income earners, pensioners and students. The move to fully digital television signals has created a need to recycle old analogue televisions. These are 90-95% recyclable, and this recycling is proposed to occur on the subject land. The main activity involves manually dismantling televisions and computers, and separating out all the different types of metals and components for further recycling at another facility. There will be no alterations to the building facade. The previous use was a dispatch warehouse for Cheap as Chips and Truck Transport Depots (ITS Removals). The proposal is to change the use from warehouse to warehouse, manufacturing, metals collection, e-waste processing & collection, comprising:

· An E-Waste unloading area, with semi-trailers and rigid vehicles using the common industrial access standard service driveway located on the southern boundary and hard stand for manoeuvring.

· A materials separation area. · Assembly and packaging area. · Small goods pick-up area. · Office and showroom components.

The business proposes to employ up to 100 people, of which no more than 80 will be on-site at any one time. Employees with a disability will make up approximately 75% of the employees. The site comprises:

· Office / Showroom: 842m2 · Office: 152m2 · Warehouse: 3,791m2

PUBLIC NOTIFICATION

The application is a Category 3 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and Industry Zone, Procedural Matters. Properties notified: 79 properties were notified during the public notification

process. Representations: 6 representations were received (one out of time). Persons wishing to be heard:

2 representors identified that they wish to address the Panel.

· Dr H and Ms A Kypreos · Mr Kon Athanasopoulos

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 8 Summary of Representations:

Concerns were raised regarding the following matters; · Noise Pollution (Traffic and machinery) – Increase in traffic

and noise · Smell/Fumes · Commercial Waste ‘dump’ and Waste Transfer Station

references. · Long Term Studies into Materials received on site and the

effect of heavy metals, mercury and lead pollution on the area

· Contamination into surrounding environment. · Devaluation of surrounding properties by toxic

industry/noise/pollution.

The Applicant has provided a response to the representation(s), as summarised below: · All processing work is completed with hand tools, with no grinding or shredding of

components. · Two machines that will be utilised with end-of-life electronics, namely an air compressor – for

hand tools, and vacuum lifters and a compactor – used to compress cardboard and plastic are very quiet.

· Internal layout has been planned to minimise any impacts on local businesses and residents, with all work relating to the manual de-manufacturing of end-of-life televisions and computers, and all deliveries being undertaken on the south-east side of the building. Our warehousing, assembly and training areas are on the north and north west side of the building. The double northern driveway will not be utilized by frequent traffic apart from disabled parking.

· All noise is kept to a minimum, with use of a Sound Level device on site to monitor and manage noise levels.

· There is no smell or air pollution relating to receiving and the manual processing of end-of-life televisions, computers, printers and other electrical devices.

· The proposed use only de-manufacture end-of-life televisions, computers and other electrical/electronic items into commodity streams (parts), which are then sent to end recyclers interstate or overseas for final processing. All heavy metals, bromide plastics and other chemicals remain encapsulated in their component form, meaning no potential harmful materials are ever released into the air or surrounding environment.

· There is no pollution created by manually processing ‘e-waste’. All materials accepted have to be of the ‘complete’ nature, i.e. if a television or computer is broken, it is not accepted.

· E-waste items do contain various heavy metals, bromide plastics and potentially harmful chemicals, and the operations conducted by Aspitech ensures that these elements remain encapsulated in component form – allowing them to be freighted to dedicated facilities for further safe recycling.

· As the site in question is already zoned Industry, with past tenants that included an international transport depot and a commercial distribution company, our organisation will add value to the surrounding areas.

A copy of the representors' concerns and the applicant’s response is contained in Attachment 2.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 9 REFERRALS

Internal • City Assets Concerns were raised regarding the following matters;

o North-western car park – designate the first space closest to the entrance as a staff space and provide disabled parking in accordance with AS/NZS 2890.6-2009. The car park entrance should be sign-posted as left in left out only.

o South-western car park – modify the car park to provide a turning bay space (AS/NZS

2890.1-2004) and provide a widened driveway for semi-trailers to turn left into the driveway from Holbrooks Road.

o South-eastern car park – increase the parking provision on-site by 10 spaces to 60 spaces. Provide a detailed pedestrian and traffic control plan to delineate turning and manoeuvring areas and pedestrian access path, between the car park and the building entrance.

o Cap the maximum number of employees at any one time at 80. o Provide a revised plan and turning path diagram to show how the design of the

southern access point would accommodate the semi-trailer turning left into the site, to the satisfaction of DPTI.

o Provide clarification on how parking for the existing Cheap as Chips warehouse is to be accommodated and how its service vehicles would access the loading docks.

The applicant has provided amended plans which have been reviewed and agreed to by City Assets. A full copy of the relevant report(s) is/are attached, refer Attachment 3. External Pursuant to Section 37 and Schedule 8 of the Development Act and Regulations, the application was referred to: • Environment Protection Authority The following conclusion was made:

o Provided that the application is undertaken as described it is unlikely that the proposal would cause adverse impact on the amenity.

• Transport Services Division (DPTI) The following concerns were raised:

o DPTI does not object in principle to the proposal provided amended plans are submitted which illustrate that a semi-trailer can enter the site while a passenger car is stored within the access to exit the site and the minor modifications to the northern access / car park layout.

o Amended plans have been provided by the applicant addressing these concerns. A full copy of the relevant reports are attached, refer Attachment 4.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 10 ASSESSMENT

The subject land is located within the Industry Zone as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Bulk Handling and Storage Facilities

Objectives 1 Principles of Development Control 1, 2, 3 & 4

Crime Prevention Objectives 1

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10

Energy Efficiency Objectives 1 & 2 Principles of Development Control 1, 2, 3 & 4

Industrial Development Objectives 1, 2, 3, 4 & 5

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12

Interface between Land Uses Objectives 1 & 2 Principles of Development Control 1, 2, 3, 4, 5, 6, 7 & 8

Orderly and Sustainable Development

Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 2, 3, 4, 5, 6, 7 & 8

Transportation and Access

Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 & 41

Waste Objectives 1 & 2 Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, 12, 13, 14, 15 & 16 Zone: Industry Objectives 1, 2 Principles of Development Control 1, 2, 3, 8, 9, In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Land Use and Zoning The Industry Zone envisages uses including industrial activities and uses. The Development Regulations define industry as:

the carrying on, in the course of a trade or business, of any process (other than a process in the course of farming or mining) for, or incidental to—

(a) the making of any article, ship or vessel, or of part of any article, ship or vessel; or (b) the altering, repairing, ornamenting, finishing, assembling, cleaning, washing,

packing, bottling, canning or adapting for sale, or the breaking up or demolition, of any article, ship or vessel; or

(c) the getting, dressing or treatment of materials (and industrial will be construed accordingly);

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 11 The use as proposed therefore fits well with the meaning of industry. The use of the premises as proposed is therefore in accordance with the intent of the zone. The proposal also incorporates an ancillary component of office and showroom. Such ancillary uses are considered to be appropriate for the principle use of the facility. Surrounding Uses and Amenity Impacts As the site is located primarily within an industrial area, use as an industrial premises is envisaged. However this has to be considered within the context of any sensitive uses that are located within close proximity to the site. As there is some residential development in proximity to the proposal, the issue for consideration is whether the proposed use would result in unreasonable impacts on these developments. Main issues for consideration resulting from the propose development are noise, dust, hours of operation and traffic. Noise The Environment Protection Noise Policy 2007 is the appropriate reference for the assessment of potential noise emissions from this proposal. Between the hours of 7:00am and 10:00pm, 65dB(A) is deemed to be an acceptable noise level for an industrial site. The applicant has provided detail of the machinery to be used, this machinery is to be used inside the building and is anticipated to have a dB(A) of approximately 55-60 from outside the building. Given that the traffic noise from Holbrooks Road during the day is estimated to be around a constant 70dB(A), the anticipated noise from this development is considered acceptable. Dust The applicant has indicated that the proposal does not result in dust impacts due to the fact that the equipment to be dismantled is not shredded or ground down into smaller components, but rather kept intact for transfer to an off-site processing facility where any shredding or grinding takes place. It is considered that given the nature of the activity proposed, dust is unlikely to be an issue for the surrounding development. Hours of operation When the application was first lodged with Council, the applicant indicated that hours of operation would be between 6am and 10pm, seven days per week. Although hours such as this are commonplace in an industry zone, following concerns raised by adjoining occupiers, the applicant has clarified that the main hours of operation will be between the hours 7am and 5pm, weekdays, with the warehouse facility operating between the hours of 7am and 4pm weekdays. These hours are considered to be acceptable. Pedestrian, Cyclist and Vehicular Access Council’s traffic engineer has reviewed and assessed the proposal in detail and confirmed that the layout as proposed is appropriate. The proposal has also been referred to the Transport Services Division of DPTI, which has concluded that it does not object in principle to the proposal, subject to amended plans being provided illustrating that a semi-trailer can enter the site while a passenger car is stored within the access to exit the site and the minor modifications to the northern access/car park layout. The applicant has provided amended plans that demonstrate that the requirements of DPTI can be achieved. In relation to pedestrian safety, the application is unclear as to how this aspect of the proposal is to be managed. Accordingly, Council’s traffic engineer has recommended that a condition be imposed requiring the applicant to provide a car parking and pedestrian layout plan prior to the issuing of development approval.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 12 Carparking Provisions Council’s traffic engineer has assessed the car parking provision of the original and amended plans. He has concluded that the car parking provision is appropriate given the use of the site as proposed. He has also concluded that: As I have indicated earlier, the south-eastern car park area is large enough to accommodate more car parking if necessary, clear of the service vehicle turning area. In that sense, there is spare capacity for car parking to expand, which in turn means that staff numbers can also be increased. I assume that any increase in staff would mean that the proposed use would need to expand into the adjacent warehouse building and a new development application would be lodged for this expansion. At this time, a new parking assessment would be triggered. On the basis of the car parking layout proposed, and access of the site by employees who would arrive by mini bus, the car parking proposed is considered to be adequate. Public Transport Access Holbrooks Road is a main north south arterial road. It provides an important public transport route. Access to public transport for visitors and employees to the site is therefore of benefit to the site and has the potential to reduce the impact of car parking demand. SUMMARY The proposed use of the site is in accordance with the Industry Zone provisions. The intended layout of the site including the concentration of activities within the main perimeter of the building will greatly assist to minimise impacts on any adjoining uses. The applicant has undertaken modifications to the access road into the site and the carparking layout to meet DPTIs and Council traffic engineering requirements. The proposed use results in the economic use of a currently vacant warehouse site whilst providing economic and employment opportunities for disabled members of the community. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 22 November 2012 and warrants Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/265/2012 by SA Group Enterprises Inc. to undertake change of use from office / warehouse to warehouse, manufacturing, e-waste processing and collection and metals collection at 141 – 149 Holbrooks Road, Underdale SA 5032 (CT 6083/192) subject to the following conditions: Council Conditions 1. The development must be undertaken and completed in accordance with the plans and

information detailed in this application except where varied by any condition(s) listed below.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 13 2. Signage may use LED lighting for internal illumination of a light box only. 3. No element of LED or LCD display is to be included in the design. 4. Any illuminated signage is to be limited to a low level of illumination so as to minimise

distraction to motorists. 5. Signage associated with the development shall not contain any element that flashes

scrolls, moves or changes. 6. The first space closest to the entrance in the north western car park shall be designated as

a staff space and provide disabled parking in accordance with AS/NZS 2890.6-2009. The car park entrance should be sign-posted as left in left out only.

7. Prior to occupation, the south-western car park shall be modified to provide a turning bay

space (AS/NZS 2890.1-2004) and provide a widened driveway for semi-trailers to turn left into the driveway from Holbrooks Road.

8. The south-eastern car park shall be redesigned to increase the parking provision on-site by

10 spaces to 60 spaces. A detailed pedestrian and traffic control plan to delineate turning and manoeuvring areas and pedestrian access path, between the car park and the building entrance shall be provided to the satisfaction of the Manager City Development prior to the issue of Development Approval.

9. The maximum number of employees on site at any one time shall not exceed 80. 10. That driveways, carparking spaces, manoeuvring areas and landscaping areas shall not be

used for storage or display of materials or goods including waste products and refuse. 11. That all loading and unloading of goods and merchandise shall be carried out upon the

subject land and no loading of any goods or merchandise shall be permitted to be carried out in the street.

12. That the maximum sized service vehicle, including any collection vehicles, shall be limited

to a Semi-articulated 19m vehicle as specified in Australian Standard 2890.2 - 2002 Parking Facilities, Part 2, Off-Street Commercial Vehicle Facilities.

13. "Left hand turn only" signs shall be installed at both the northern and southern driveway

exits. 14. That the hours of operation of the premises shall not exceed the following periods:-

Warehouse - 7:00am to 4:00pm Monday to Friday inclusive and Office - 9:00 am to 5:00 pm Monday to Friday inclusive.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 120 6.2 18 Portland Court, FULHAM Application No. 211/19/2013 Appearing before the Panel will be: Representors: Tessa Humphris of 18a Portland Court, Fulham wishes to appear in

support of the representation. Applicant: Chris Thomas of Sekisui House Services wishes to appear to respond to

representations. DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construction of a two-storey, detached dwelling APPLICANT Sekisui House Services APPLICATION NO 211/19/2013 LODGEMENT DATE 11 January 2013 ZONE Residential PRECINCT N/A POLICY AREA Policy Area 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal

§ Nil External § Nil

ASSESSING OFFICER Adam Williams DEVELOPMENT PLAN VERSION

22 November 2012


BACKGROUND

On 11 January 2013 a development application was lodged with Council for the construction of a two-storey detached dwelling at 18 Portland Court, Fulham. The application was placed on Category 2 public notification and a representation was received from an adjoining property owner. A request to be heard by Council in respect to the submission was also made by the adjoining property owner. The applicant made amendments to the proposal to address some of the concerns of the representor however the adjoining owner retained their request to address the Panel.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 121 PREVIOUS or RELATED APPLICATIONS DA 211/1248/2010 – Construction of two single storey detached dwellings – Approved DA 211/164/2011 – Demolition of existing dwelling and associated outbuildings – Approved DA 211/215/2011 – Division of Land (Torrens Title) Creation of one additional allotment – Approved SITE AND LOCALITY

The subject land is described as Allotment 2 Deposited Plan 86965 in the Area named Fulham Hundred of Adelaide as contained in Certificate of Title Volume 6082 Folio 409. The land is more commonly known as 18 Portland Court, Fulham. The subject land is similar to a pie shaped pentagon, is approximately 398 square metres in area and contains a frontage to Portland Court of approximately 7 metres and a depth of approximately 31 metres. A sewer easement runs parallel to the rear boundary of the subject land. The land is on the western side of Portland Court and falls slightly from the front to the rear. Vehicle access to the subject land is available from Portland Court only. The subject land has no development and is a vacant site. Portland Court is a cul-de-sac that exclusively supports eight allotments which contain detached dwellings. The dwellings are mostly single storey however there is a two storey dwelling at the top point of the cul-de-sac. The dwelling setbacks from the kerb edge of the street range between approximately 10.0 metres to 14.0 metres with most of the dwellings set behind landscaped front gardens. A small reserve is situated in the middle of the cul-de-sac and the road reserve is quite deep in some parts which contribute to sense of spaciousness within the Court. The locality consists primarily of residential dwellings constructed circa the 1950’s and 1960’s however the original buildings are being replaced by new dwellings and it is evident that the wider locality is currently experiencing a transformation in housing stock. The area is also well supported by public open space with the most significant being the Torrens River Linear Park located some 200 metres to the south of the subject land. The subject land is zoned Residential and situated in the Residential Policy Area 20. The site and locality are shown on the following maps.


The proposal seeks consent for the construction of a two storey detached dwelling. The dwelling will comprise: Ground Floor: Double garage, entry and gallery area, laundry and toilet, kitchen, meals and living areas. A storage area will be located under the stairs to the upper storey. Upper Floor: Three bedrooms which include a master bedroom with walk in robes and ensuite, lounge area and bathroom and toilet. A balcony will be accessible from the master bedroom. The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below:

DEVELOPMENT PLAN

PROVISIONS

STANDARD ASSESSMENT

SITE COVERAGE PDC 30 of Residential Development Module of General Section

45%

38% approximately Satisfied

STREET SETBACK PDC 18 of Residential Development Module of General Section

Same setback as adjoining properties or the average of the setbacks 7.4 m (the closest point to front property boundary for the dwelling to the south) and 12.0 m to the closest point of the dwelling to the north.

Ground Floor: 5.8 to front porch, 7.1 to front door, 8.0 to garage doors Upper storey: 5.4m to front balcony and 8.0 m to upper front wall of dwelling. Not Satisfied

SIDE/REAR SETBACKS PDC 23 of Residential Development Module of General Section

Side 1.0 m for walls 3 metres, 2 m for walls 6 m in height, 2 m plus the increase in wall height above 6 metres for walls greater than 6 metres Or 0 m for walls on a side boundary and with a maximum height of 3 m and a maximum length of 8 m

Northern Side: In excess of 1.0 metres for the ground floor and in excess of 2.0 metres for the upper-storey; Satisfied Southern Side: 0 setback for garage with a 6.0 metre long wall 2.6 metres high then 0.96 metres for the ground floor and 1.92 m for the upper storey setback Not Satisfied

Rear 3.0 metres for ground floor and 8.0 metres for upper floor.

5.5 m (average) for both the ground and upper floors. Not Satisfied

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 125 PRIVATE OPEN SPACE PDC 33 of Residential Development Module of General Section

20%

39% Satisfied

LANDSCAPING Module: Landscaping, Fences & Walls PDC: 4

10%

Greater than 10% Satisfied

CARPARKING SPACES Table WeTo/2 - Off street Vehicle Parking Requirements ...

2 car-parking spaces required

3 provided Satisfied

PUBLIC NOTIFICATION

The application is a Category 2 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and the Procedural Matters Section of the Residential Zone. Properties notified: Nine (9) notification letters in total were sent to owners and

occupiers of properties during the public notification process. Representations: One (1) representation was received. Persons wishing to be heard:

One (1) representor identified that they wish to address the Panel.

· Tessa Humphris Summary of Representations:

Concerns were raised regarding the following matters; · Shadow being cast over solar panels · Front Setback being too shallow. · Side setbacks being too short

The Applicant has provided amended plans in response to the representation. The amended plans include: · Drawings showing the degree of impact of shadow on the representor’s property at 9 am,

midday and 3 pm on 21 June; · Increased front setback of the dwelling; · Amendments to the finished appearance of the front elevation. A copy of the representor's concerns and the applicant’s response is contained in Attachment 2.


The subject land is located within the Residential Zone and more particularly Policy Area 20 as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Crime Prevention Objectives 1 Principles of Development Control 1, 2, 3, 6, 7, 8 & 10

Design and Appearance Objectives 1, 2


Energy Efficiency Objectives 1 & 2 Principles of Development Control 1, 2 & 3

Hazards Objectives 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 3, 5 & 6

Residential Development

Objectives 1, 2, 3 & 4 Principles of Development Control 1, 3, 7, 9, 10, 12, 13, 14,

15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 38, 39, 41, 46 & 47

Transportation and Access Objectives 2 Principles of Development Control 23, 24, 29, 33, 34, 35 & 36

Zone: Residential Zone Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 1, 2, 3 & 4 Principles of Development Control 1, 3, 6, 7 & 8

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 127 Policy Area: Residential Policy Area 20 Desired Character Statement: “This policy area is characterised by well maintained single storey detached dwellings on large allotments, set well back from the street. The policy area is reasonably homogenous and is mainly comprised of detached dwellings. This policy area is home to newer subdivisions and housing redevelopment. Many dwellings have characteristic verandas, porches and entry doors facing the street. Development will maintain and complement the character and built form of the existing streetscape”. Objectives 1 Principles of Development Control 1 & 2 In assessing the merits or otherwise of the application, the proposed development almost satisfies all relevant Development Plan provisions. There are however some relatively minor exceptions regarding overshadowing and setbacks that warrant brief discussion given the matters highlighted in the representation. Overshadowing The representation highlighted concerns that the proposal may compromise access to solar energy as the dwelling on the adjoining property has solar panels erected to the roof. Desk top analysis indicated that the proposed dwelling will have a relatively low profile for a two storey building (maximum wall height 5.0 metres) which will result in minimal change to solar exposure of the roof of the adjacent dwelling. Most importantly the solar panels should not be significantly affected. Nevertheless the applicant has also provided diagrams that support the staff assessment and subsequently it has been determined that the impact of the proposal on the adjacent solar panels will not be substantial. The adjoining dwelling to the south also has three north facing windows which relate to a laundry, ensuite and bathroom. These rooms are not active, habitable rooms and therefore the impact to these internal spaces is not critical. Shadow to the private open spaces of the adjoining dwelling will only occur in the early morning period and only over a small section of the adjoining private space. The proposal will ensure that adequate daylight and sunlight remains available to adjoining dwelling and the solar panels attached to the roof. The proposal is consistent with the relevant provisions of the Development Plan. Setbacks The representation expressed concerns that the front setback was inconsistent with the prevailing setbacks of the street. In response to the representation the applicant has pushed the building further from the front property boundary than initially proposed. This amendment results in the front of the balcony sitting 5.4 metres from the midpoint of the front property boundary with most of the remaining front wall of the dwelling being 8.0 metres. The amendment is viewed favourably as the building’s bulk will be behind the building line of the dwelling to the south and only part of the balcony and porch will extend in front of the adjacent dwelling. Considering the curved nature of the cul-de-sac, the varying depths of the road reserve and the position of the dwelling at 20 Portland Court, the position of the proposed development is considered appropriate and should complement the existing setback character of the street.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 128 As also highlighted in the representation the ground floor setbacks of both the lower and upper floors to the southern property boundary are just shy of the minimum setback requirements encouraged by the Development Plan. There is scope within the subject land for the dwelling to be set further from the boundary however this has not been presented by the applicant and had the impact on the adjacent solar panels been more significant then reasoning for increasing the setback would be stronger. In this instance however the slight departure from the Development Plan setback guidelines is not critical and is considered acceptable in this instance. Finally the rear setback of the upper storey of the dwelling is less than the 8.0 metres encouraged by the Plan. This deficiency is not of critical concern as the massing of the upper storey wall is neither extensive nor imposing. The proposed building will also be separated from the dwelling on the adjoining property to the rear by some 26 metres which should be sufficient to retain a sense of openness within the private open spaces of the adjoining property. SUMMARY The development is consistent with the critical provisions of the Residential Zone and the general provisions of the Residential Development module of the Development Plan. Although there have been concerns raised regarding the proposal, the development appears functional, sympathetic and complementary with both the existing building form and the changing built character of the locality. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 22 November 2012 and warrants Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/19/2013 by Sekisui House Services to undertake construction of a two storey detached dwelling at 18 Portland Court, Fulham (CT 6082/409) subject to the following conditions: Council Conditions 1. That the development shall be undertaken and completed in accordance with the plans

and information detailed in this application except where varied by any condition(s) listed below.

2. That the finished floor level shall be a minimum of 350 mm above the highest point of the

watertable adjacent to the property.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 129 3. That all stormwater design and construction shall be in accordance with Australian

Standards and recognised engineering best practices to ensure that stormwater does not adversely affect any adjoining property or public road and for this purpose stormwater drainage shall not at any time:- a) Result in the entry of water into a building; or b) Affect the stability of a building; or c) Create unhealthy or dangerous conditions on the site or within the building; or d) Flow or discharge onto the land of an adjoining owner; and not flow across

footpaths or public ways. 4. That any retaining walls shall be designed to accepted engineering standards, and not of

timber construction if retaining a difference in ground level exceeding 200mm. 5. That all driveways, parking and manoeuvring areas shall be formed, surfaced with

concrete, bitumen or paving, and be properly drained, and shall be maintained in reasonable condition at all times.

6. The driveway shall be no wider than 3.5 metres at the point in which it intersects with the

front property boundary 7. That all planting and landscaping shall be completed prior to the occupancy of the

development and be maintained in reasonable condition at all times. Any plants that become diseased or die shall be replaced with a suitable species.

8. That all the upper level windows of the dwellings, except those on the front elevations,

shall, prior to occupation of the building, be provided with:

a) Fixed, obscure glass to a minimum height of 1.7 metres above the upper floor level; and/or

b) Obscured glass to a height of 1.7 metres (minimum) above upper floor level, which is hinged at the top of the window panel and includes a wind-out mechanism restricted to no greater than 150mm.

9. The glazing and wind-out mechanism in these windows shall to be maintained in

reasonable condition at all times. 10. Council requires one business day’s notice of the following stages of building work:

· Commencement of building work on site. · The commencement of placement of any structural concrete. · The completion of wall and roof framing prior to the installation of linings. · Completion of building work.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 143 6.3 2A Waymouth Avenue, GLANDORE Application No. 211/259/2013 Appearing before the Panel will be: Representors: Freda Mihailidis of Unit 2/57 – 59 Mackinnon Parade, North Adelaide

wishes to appear in support of the representation. Applicant/s Anthony Donato of Anthony Donato Architects wishes to appear to

respond to representations. DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construct one (1) x two-storey dwelling on an existing

hammer head allotment APPLICANT Anthony Donato Architects APPLICATION NO 211/259/2013 LODGEMENT DATE 19 March 2013 ZONE Residential PRECINCT n/a POLICY AREA 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal

§ City Assets External § Nil


22 November 2012


BACKGROUND

The application was lodged with Council on 19 March 2013. As the application is for a two storey dwelling it was placed on public notice on 27 March 2013. Three representations were received, one of which requesting to be heard by the Panel. As there is a representor wishing to appear before the Panel, the application is presented for its consideration. PREVIOUS or RELATED APPLICATION(S) DA 211/632/2008 – Torrens Title land division to create one additional allotment DA 211/981/2008 – Construct dwelling

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 144 SITE AND LOCALITY

The subject land is a battle axed shaped Torrens Titled allotment that is located immediately to the rear of an existing house at 2 Waymouth Avenue, Glandore. The subject land is the result of a land division that was approved by Council in 2008. The subject land has a 5.0 metre wide frontage to Waymouth Avenue that forms the driveway access to the site. The driveway has a length of approximately 27.3 metres and the site at the rear is 18.29 metres wide x 18.8 metres deep. The land has a site area including the driveway handle of approximately 460m2. The site is relatively flat, cleared and is devoid of vegetation. It adjoins a Council reserve to its south west (rear). The dwelling with frontage to Waymouth Avenue (No 2) is a single storey detached dwelling constructed during the 1930s. It is serviced by an independent driveway that is parallel with and alongside the driveway servicing 2A Waymouth Avenue. The locality is characterised by a mixture of dwellings including single detached dwellings on large allotments, a group of 1970s single storey units at 3 Waymouth Avenue, and a set of three group dwellings at 1 Waymouth Avenue. The site and locality are shown on the following maps.


The applicant proposes to construct a two storey dwelling with a double garage under the main roof of the dwelling. The proposed dwelling comprises a living, dining and kitchen area; laundry and third toilet; playroom; study and bedroom with walk in robe and ensuite at ground floor level; and a home theatre; second living; 2 bedrooms and bathroom and a verandah at the upper level. A private open space is provided at the rear of the proposed dwelling that is 4.3m deep x 17.29m wide. A copy of the proposal is contained in Attachment 1. The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below: DEVELOPMENT PLAN PROVISIONS

STANDARD ASSESSMENT

SITE AREA Residential Policy Area 20 PDC 2

420m²

357m² (excluding driveway) Does Not Comply

SITE FRONTAGE Residential Policy Area 20 PDC 2

12m

5m (existing) Does Not Comply

SITE COVERAGE Residential Development PDC 30

50%

46%approximately Complies

STREET SETBACK Residential Development PDC 18

Average of adjoining

N/A – Battleaxe allotment Complies

SIDE/REAR SETBACKS Residential Development PDC 23

Side 0m/1m (ground) 2m (upper)

0m (garage) 1m from other side setbacks 2m upper setback Complies

Rear 3m (ground) 8m (upper)

4.3m ground setback 7.1m upper level setback Does Not Comply

PRIVATE OPEN SPACE Residential Development PDC 33

20%

32% Complies

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 148 CARPARKING SPACES Transportation and Access PDC 33

2 car-parking spaces required

2 provided Complies

PUBLIC NOTIFICATION

The application is a Category 2 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and Residential Zone, Procedural Matters of the West Torrens Council Development Plan. Properties notified: 22 properties were notified during the public notification process. Representations: 3 representations were received. Persons wishing to be heard:

1 representor identified that they wish to address the Panel.

· Freda Mihailidis Summary of Representations:

Concerns were raised regarding the following matters; · Overlooking into the rear yard of 2 Waymouth Avenue and

into 9 Wellington Street from the proposed upper level windows.

· Drainage from the driveway running into the property at 7 Wellington Street.

The Applicant has provided a response to the representation(s), as summarised below: · Obscure glazing to upper floor windows · Provision of drainage sumps within the driveway A copy of the representor’s concerns and the applicant’s response is contained in Attachment 2. REFERRALS

Internal City Assets Department Concerns were raised regarding the following matters; · Driveway manoeuvrability. These concerns have subsequently been addressed with

amended plans. · Finished Floor levels. These have now been addressed with amended plans. · Interaction with a street tree within the verge of Waymouth Avenue. These concerns have

now been addressed. A full copy of the relevant reports is attached, refer Attachment 3.


The subject land is located within the Residential Zone as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Crime Prevention Objectives 1 Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10

Design and Appearance

Objectives 2

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 & 20

Energy Efficiency

Objectives 1 & 2 Principles of Development Control 1, 2, 3 & 4


Infrastructure Objectives 1, 2, 3, 4 & 5


Landscaping, Fences and Walls

Objectives 1 & 2 Principles of Development Control 1, 2, 3, 4, 5 & 6





11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 & 56



11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 & 41

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 150 Zone: Residential Zone Desired Character Statement: This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use. Objectives 1, 2, 3 and 4 Principles of Development Control 1, 6, 7 and 8 Policy Area: Residential Policy Area 20 Desired Character Statement: This policy area is characterised by well maintained single storey detached dwellings on large allotments, set well back from the street. The policy area is reasonably homogenous and is mainly comprised of detached dwellings. This policy area is home to newer subdivisions and housing redevelopment. Many dwellings have characteristic verandahs, porches and entry doors facing the street. Development will maintain and complement the character and built form of the existing streetscape. Objectives 1 Principles of Development Control 1, 2 and 3 In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Site Area and Frontage Although the proposal does not meet the minimum site area provisions of the Development Plan, the site of the development is an existing site that was created by subdivision in 2008. The Courts have found that where a site already legally exists, the assessment has to be based on all other relevant provisions of the Development Plan. Similarly the subject of the frontage not being in compliance with the Development Plan is as a result of the site being created by a previous land division.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 151 Setbacks The proposed development meets all the relevant setback requirements of the Development except for the upper level rear setback requirement of 8 metres. It proposes a setback of 7.1 metres at the rear of the site. It is noted that the rear of the site adjoins a public park. The extent of encroachment into the 8 metre setback zone is considered to be so minimal as it does not impact on the privacy of adjoining development to the rear and does not impact on overshadowing. Overlooking and Overshadowing The Development Plan uses a number of techniques to ensure that adequate daylight and sunlight remains available to adjoining dwellings and private open space: 1. The first technique uses prescribed building setbacks, General Section - Residential

Development PDC 22& 23.

General Section - Residential Development PDC 22 Setbacks from side and rear boundaries should be progressively increased as height increases to:

(a) minimise the visual impact of buildings from adjoining properties; (b) minimise the overshadowing of adjoining properties.

Figure 1


General Section - Residential Development PDC 23 Dwellings and residential flat buildings should be set back from the side and rear boundaries in accordance with the following table:

As per above, if the building is not situated upon a side boundary and does meet the table, it is considered that overshadowing has been appropriately minimised and adequate daylight is provided to existing and future properties. On the basis of the side setback requirements being met, together with the orientation of the subject land, overshadowing will occur to a limited extent in the early morning over the property to the north west; and in the mid – late afternoon over part of the rear yard of the property to the south east. 2. The second technique also uses prescribed building setbacks, General Section -

Residential Development PDC 24 & 25

PDC 24 Side boundary walls in residential areas should be limited in length and height to: (a) minimise their visual impact on adjoining properties (b) minimise the overshadowing of adjoining properties.

PDC 25 Side boundary walls in residential areas should be designed in accordance with any of the following:

(a) side boundary walls should be located immediately abutting the wall of an existing or simultaneously constructed building on the adjoining site and constructed to the same or to a lesser length and height.

(b) side boundary walls: (i) should have a maximum vertical wall height of 3 metres. (ii) should have a maximum length of 8 metres. (iii) should be constructed along one side of the allotment only and within

14 metres of the front boundary. (c) side boundary walls should have a maximum vertical wall height of 3

metres and not exceed 40 percent of the length of the boundary (or 60 per cent if the boundary wall is less than 2 metres high when measured from ground level of the abutting site), unless they abut a side service lane in which case the maximum height is 6 metres.

(d) where there is an existing adjacent boundary wall which is setback greater than 1 metre from the front setback standard established for the rest of the


street, side boundary walls should be located not more than 1 metre closer to the primary street frontage.

3. The following Principles of Development Control provide for daylight and sunlight access,

General Section - Residential Development PDC 12, 13 & 14.

PDC 12 The design and location of buildings should ensure that direct winter sunlight is available to adjacent dwellings, with particular consideration given to:

(a) windows of habitable rooms, particularly living areas. (b) ground-level private open space. (c) upper-level private balconies that provide the primary open space area for

any dwelling. (d) access to solar energy.

PDC 13 Development should ensure that north-facing windows to habitable rooms of existing dwelling(s) on the same allotment, and on adjacent allotments, receive at least 3 hours of direct sunlight over a portion of their surface between 9.00 am and 5.00 pm on the 21 June. PDC 14 Development should ensure that ground-level open space of existing buildings receives direct sunlight for a minimum of two hours between 9.00 am and 3.00 pm on 21 June to at least the smaller of the following:

(a) half of the existing ground-level open space (b) 35 square metres of the existing ground-level open space (with at least one

of the area’s dimensions measuring 2.5 metres). (c) Development should not increase the overshadowed area by more than 20

per cent in cases where overshadowing already exceeds these requirements.

As the above principles have been met then adequate daylight and sunlight is considered to have been provided, and the proposal is therefore supported. 4. The following Principles of Development Control provide for visual privacy, General

Section - Residential Development PDC 39 & 40.

PDC 39 Upper level windows, balconies, terraces and decks should have a sill height of not less than 1.7 metres or be permanently screened to a height of not less than 1.7 metres above finished floor level to avoid overlooking into habitable room windows or onto the useable private open spaces of other dwellings. PDC 40 Permanently fixed external screening devices should be designed and coloured to blend with the associated building’s external material and finishes.

The proposal incorporates obscure glazing for upper level windows. Where these windows are openable, it is recommended that a condition of consent be imposed requiring that these be limited to a maximum opening width. Visual Impact The design on the dwelling is such that it incorporates adequate upper level setbacks and articulation of walls, with a hipped roof form such that its visual impact will be minimised from adjoining properties. Its overall height of 7.5 metres to the ridge of the roof is also considered to be appropriate given the scale and height of adjoining development. The dwelling is of a modest scale and appearance and would not detract from the visual amenity of the locality.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 154 SUMMARY Whilst it is noted that the proposal does not meet the upper level setback requirement of the Development Plan, the proposal meets all other relevant quantitative and qualitative provisions of the Development Plan. Its siting next to a public park substantially ameliorates any impacts of the minor shortfall in the rear setbacks. The applicant has addressed the issues raised by representors regarding the original proposal. The proposed design is sympathetically designed and responds well to its site and locality and appropriately minimises any impacts of overshadowing or overlooking. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 22 November 2012 and warrants Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/259/2013 by Anthony Donato Architects to undertake construction of one (1) x two (2) storey dwelling at 2A Waymouth Avenue, Glandore SA 5037 (CT 6040/709) subject to the following conditions: Council Conditions 1. The development must be undertaken and completed in accordance with the plans and

information detailed in this application except where varied by any condition(s) listed below.

2. The construction of a drainage system and the position and manner of discharge of a

stormwater drain must not at any time:- a) Result in the entry of water into a building; or b) Affect the stability of a building; or c) Create unhealthy or dangerous conditions on the site or within the building; or d) Flow or discharge onto the land of an adjoining owner; and not flow across footpaths or

public ways. 3. Retaining walls must be designed to accepted engineering standards, and not of timber

construction if retaining a difference in ground level exceeding 200 mm. 4. Details of materials and finishes shall be submitted to the satisfaction of Council prior to

the issuing of Development Approval. 5. All driveways, parking and manoeuvring areas must be formed, surfaced with concrete,

bitumen or paving, and be properly drained. They must be maintained to the reasonable satisfaction of Council thereafter.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 155 6. The upper level windows shall be provided with fixed obscure glass to a minimum height

of 1.7 metres above the upper floor level to minimise the potential for overlooking of adjoining properties, prior to occupation of the building. The glazing in these windows is to be maintained at all times to the reasonable satisfaction of Council. Where any of these windows are openable, these shall be restricted to a maximum opening of 150mm.

7. A detailed landscaping plan shall be submitted for the prior approval of Council prior to

the issuing of Development Approval. 8. All planting and landscaping must be completed within 3 months of the commencement of

the use of this development and must be maintained to the reasonable satisfaction of Council. Any plants that become diseased or die must be replaced with suitable species.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 168 6.4 299-301 Henley Beach Road, BROOKLYN PARK Application No. 211/1245/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Installation of illuminated and non-illuminated signage

attached to the existing building and canopy and a freestanding illuminated blade sign with LED display

APPLICANT Andrash Pty Ltd APPLICATION NO 211/1245/2012 LODGEMENT DATE 5 December 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 21 APPLICATION TYPE Non-Complying PUBLIC NOTIFICATION Category 3 REFERRALS Internal


ASSESSING OFFICER Jasmine Walters DEVELOPMENT PLAN VERSION

2 February 2012

MEETING DATE 11 June 2013 RECOMMENDATION CONSENT subject to CONCURRENCE

BACKGROUND

This application was lodged with Council on 5 December 2012. The Non-Complying Development section of the Residential Zone Procedural Matters lists "Advertisement and/or advertising hoarding[s]" as non-complying forms of development. As such the application is a non-complying form of development. The applicant has provided a Statement of Support and a Statement of Effect pursuant to Regulation 17 of the Development Regulations 2008, refer Attachment 1. Should the Panel resolve to approve the application, the concurrence of the Development Assessment Commission is required. Alternatively, should the Panel refuse the application, no appeal rights are afforded to the applicant. PREVIOUS or RELATED APPLICATION(S) DA 211/998/2012 - Renovation to Existing Service Station (Development Approval granted 4

October 2012). DA 211/220/2013 - Demolition and replacement of a carwash (Development Plan Consent

granted 12 April 2013).


The subject land is described as Allotment 96 Filed Plan 216823 and Allotment23 Deposited Plan 1992 in the area named Brooklyn Park Hundred of Adelaide as contained in Certificate of Titles Volume 5650 Folio 976 and Volume 5644 Folio 336. The land is more commonly known as 299-301 Henley Beach Road, Brooklyn Park. The subject land is rectilinear in shape and includes a corner cut-off in the north-west corner at the Henley Beach Road and Lysle Street junction. The site is located on the southern side of Henley Beach Road and has two street frontages namely Henley Beach Road and Lysle Street. The Henley Beach Road frontage is approximately 44.2 metres and the Lysle Street frontage is approximately 43.6 metres. The site consists of two allotments with a total site area of approximately 1061.5 square metres. The site adjoins single storey detached dwellings on its eastern and rear property boundaries, west of the site and separated by Lysle Street single storey semi-detached dwellings are present, and directly opposite the subject site a range of commercial land uses are present including a church, shops and offices. The subject land is located within the Residential Zone and more particularly Residential Policy Area 21 however Council's records indicate that the site has enjoyed existing use rights as a petrol filling station since at least the 1970's. The site is located approximately 55 metres west of the Local Centre Zone, approximately 300 metres west of the Commercial Zone and approximately 90 metres west of arterial road Holbrooks Road. The site and locality are shown on the following maps.


The applicant seeks Development Plan Consent for the following:

· Remove an existing pylon sign located in the northwest corner of the site and replace it with an internally illuminated blade sign with a light-emitting diode (LED) display;

· Install three (3) attached advertisements to the existing building; · Install two (2) attached advertisements to the existing canopy; and · Install one (1) attached advertisement to the fascia of the carwash approved per

Development Application 211/220/2013. A copy of the proposal is contained in Attachment 2. PUBLIC NOTIFICATION

The application is a Category 3 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and the Residential Zone Procedural Matters of the West Torrens Council Development Plan. Properties notified: Fifty seven (57) properties were notified during the public

notification process and an advertisement was placed in 'The Advertiser' on 6 May 2013.

Representations: One (1) representation was received. Persons wishing to be heard:

The representor identified that they do not wish to address the Panel.

Summary of Representations:

Concerns were raised regarding the following matters; · Community consultation for signage that has been

operating for 3-4 months is pointless · The other concerns raised by the representor do not

specifically relate to the proposal.

The Applicant has provided a response to the representation which simply states: "This representation received by Mary Reid has no relevance to this application but on previous applications which therefore this representation should be dismissed". A copy of the representor’s concerns is contained in Attachment 3.


The subject land is located within the Residential Zone and more particularly Residential Policy Area 21 as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Advertisements Objectives 1, 2 & 3


Zone: Residential Zone Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 4 Principles of Development Control 1, 2 & 6 Policy Area: Residential Policy Area 21 Desired Character Statement: “This policy area will continue to develop as a residential area of medium density and infill development. Development will be in keeping with the existing character of the area with buildings that maintain the traditional character through a variety of designs. Appropriately designed modern interpretations of the existing residential character, such as post World War Two and 1950s Tudor style housing, will be encouraged where suitable”. Objectives 1 Principles of Development Control 1 & 2

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 174 In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Locality and Character As previously discussed the subject land is located within the Residential Zone, but enjoys existing use rights as a petrol filling station. Notwithstanding the residential premises adjoining the eastern side boundary, the subject land is contained within a pocket of commercial land uses centred around the Henley Beach Road and Holbrooks Road junction including a BP On The Run petrol filling station which contains similar signage to the proposed. The residential premises within the locality are concentrated west and south of the subject land. As the proposed signage attached to the building is orientated towards the street, and only one of these signs is internally illuminated, impacts upon the surrounding residential premises is considered negligible, particularly given that the illuminated sign will be screened from the adjoining western sites by an existing boundary wall. The proposed freestanding blade sign will be located in the north-western corner of the site and will be internally illuminated and contain an LED display. Impacts from the freestanding sign on the surrounding property owners and occupiers is minimised by the following:

· Arguably the property most affected property is the western adjoining dwelling known as 2/303 Henley Beach Road. Impacts to this dwelling are minimal given that:

o the dwelling is orientated towards Henley Beach Road with only two habitable room windows within proximity to the proposed sign. The habitable window facing Lylse Street and orientated towards the location of the proposed sign is separated by a distance of approximately 25 metres and will mostly be screened by existing boundary fencing. The habitable room window facing Henley Beach Road is a bay window and will therefore have some visibility of the proposed sign. Impacts of lighting to this window are similarly minimised by screening from existing boundary fencing and landscaping. In both instances the windows contain external blinds which upon several visits to the site appear to be drawn most of the time, this may be to reduce impacts from northern sunlight and traffic noise along Henley Beach Road.

· The proposed sign will be sited perpendicular to Henley Beach Road so as its display is only visible to pedestrians and vehicles approaching from an easterly or westerly direction, it is considered that the proposed signage will not unreasonably impact the residential premises within the locality.

· The proposed sign is located on a secondary arterial (Henley beach Road) and is consistent with regard to its size and illumination to other commercial advertising within the immediate locality, particularly near the intersection of Henley Beach Road and Holbrooks Road.

· The proposed sign is replacing an existing sign of greater height and in a similar location, however the total sign area is greater than the previous sign.

All proposed non-illuminated signage to be attached to the existing building or canopy complements the existing built form in that it consists mostly of logos and branding for Mogas and In & Out Subs and is of a complementary size. Lighting and Safety As only a moderate component of the proposed signage will incorporate an illuminated display it is considered that any light spill resulting from the sign will not be such that it will detrimentally affect the amenity of nearby residential premises which are located a minimum of 20 metres from the location of the proposed signage. In addition, the LED display on the proposed freestanding sign is intended only to display the current fuel price and will not be subject to frequent change.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 175 The proposed signage is not located within close proximity of any illuminated traffic signals or crossing places and will not move, flash or rotate so as to cause any distraction to pedestrians or motorists. SUMMARY While advertisements are generally discouraged within the Residential Zone, the proposed signage is ancillary to an existing non-residential use and will not result in any unreasonable impacts upon the owners or occupiers of residential premises within the locality. The proposed sign is of a size that is compatible with the site of the development and is not totally at odds with the streetscape character given that Henley Beach Road is a secondary arterial road and within close proximity to existing commercial land uses. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 February 2012 and warrants Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent subject to concurrence for Application No. 211/1245 to undertake installation of illuminated and non-illuminated signage attached to the existing building and canopy and a freestanding illuminated blade sign with LED display at 299-301 Henley Beach Road, Brooklyn Park (CT’s 5650/976 and 5644/336) subject to the following conditions: Council Conditions 1. That the development shall be undertaken and completed in accordance with the plans and

information detailed in this application except where varied by any condition(s) listed below. 2. That the signs, herein approved, shall be maintained in good repair with all words and

symbols being clearly visible at all times. 3. That the signs, herein approved, shall not move, flash, blink or rotate in any manner. 4. That any illumination of the signs shall be such that no hazard, difficulty or discomfort is

caused to either approaching drivers on adjacent public roads or nuisance to adjoining residents.

5. Council requires one business day’s notice of the following stages of building work:

· Commencement of building work on site · The commencement of placement of any structural concrete · The completion of wall and roof framing prior to the installation of linings · Completion of building work


Note: When a building-owner gives notice for the commencement of building work, they shall advise Council of the relevant person, (name, address and telephone number) who will provide the Statement of Compliance required under regulation 83AB.The relevant person must be: · The licensed building contractor who performed the work, or · A registered building work supervisor, private certifier or registered architect.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 201 6.5 2 Press Road, BROOKLYN PARK Application No. 211/1095/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Demolition of an existing carport and outbuildings and

construction of two (2) single-storey group dwellings with garages under the main roof

APPLICANT Vista Concept Dimensions APPLICATION NO 211/1095/2012 LODGEMENT DATE 23 October 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 21 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal

§ City Assets - Civil Engineer External § Nil


2 February 2012


BACKGROUND

The application was lodged with Council on 23 October 2012. As the subject land is located within the Residential Zone and will result in more than two dwellings on an allotment, the application is presented to the Panel for its consideration and determination. PREVIOUS or RELATED APPLICATION(S) Nil


The subject land is described as Allotment 81 Deposited Plan 3719 in the area named Brooklyn Park hundred of Adelaide as contained in Certificate of Title Volume 5728 Folio 109. The land is more commonly known as 2 Press Road, Brooklyn Park. The subject site has a frontage to Press Road of approximately 19.9 metres. The site has a depth of approximately 49.9 metres and the total site area is approximately 991.9 square metres. The subject site contains a single storey detached dwelling and ancillary carport, verandah and three (3) domestic outbuildings. The site is located on the southern side of Press Road and adjoins single storey detached dwellings with frontages to Marion Road to the east, the West Torrens Council Depot to the rear, a site containing infrastructure for the Adelaide International Airport to the west, and single storey detached dwellings and one residential flat building is located directly opposite site on the northern side of Press Road. The locality consists of low to medium density residential development mostly in the form of detached dwellings. Residential allotments are mostly rectangular in shape and a pattern of wide frontages is evident. Whilst not prevalent there have been some instances of battle axe development within the locality. The locality also accommodates commercial land uses, most of which have frontages to either Marion Road or Sir Donald Bradman Drive and are contained within the nearby Commercial Zone (approximately 135 metres north and directly south of the subject land) or Neighbourhood Centre Zone (approximately 100 metres south of the subject land). The site and locality are shown on the following maps.


The applicant seeks development plan consent for the following:

· Demolition of the existing carport, and three (3) domestic outbuildings; · Construction of a carport attached to the rear of the existing dwelling; and · Construction of two (2) single storey detached group dwellings including a single garage

and alfresco under the main roof of each dwelling. A copy of the proposal is contained in Attachment 1. The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below: DEVELOPMENT PLAN PROVISIONS

STANDARD EXISTING DWELLING DWELLING 1 DWELLING 2


340m² (excluding driveway handle)

300m² (average) Does Not Satisfy




Min. 10m

13.75m Satisfies

N/A

N/A


Max. 50%

56.4% approximately Does not satisfy

42.9% approximately Satisfies

42.9% approximately Satisfies


Average of the adjoining dwellings

Unchanged (approx. 7.8m)

N/A

N/A


0m/1m side setback

3.5m (E) 1.5m (W) Satisfies

0m (E) 1m (W) Satisfies

1m (E) 0m (W) Satisfies

3m rear setback

1m Does Not Satisfy

4m Satisfies

4m Satisfies

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 206 PRIVATE OPEN SPACE Residential Development PDC 33

Min. 20%

33.9% Satisfies

17.3% Does not satisfy

17.3% Does not satisfy

CARPARKING SPACES Transportation and Access PDC 33

2 car-parking spaces (1x covered) and for group dwellings and additional 0.25 spaces per dwelling

1x covered, 1x uncovered space provided Satisfies



REFERRALS

Internal City Assets - Civil Engineer The application was referred to Council’s City Assets department for comment as summarised below: · Finished Floor Levels (FFL’s) – a FFL of 50.35, in reference to the Site Plan provided by

Vista Concept Dimensions (Project No. A-1205-120, Drawing No. 1205-120/PL1.1 dated 21 August 2012), is deemed satisfactory. It is recommended that a suitable condition to reinforce this condition be added to any planning consent.

· Flood Flow Corridor – a minimum flood corridor of 600mm from the eastern and western side boundaries for proposed Dwellings 2 and 3 should be maintained and remain free and unrestricted. The proposal achieves this minimum setback and a suitable condition to reinforce the maintenance of the flow corridor is recommended.

· Vehicle Manoeuvrability – Vehicle manoeuvrability has been assessed as acceptable. · Carport Dimensions – the internal carport dimensions for all dwelling are considered

acceptable. · Common Driveway Width – the common driveway width has a shortfall in meeting the

relevant Australian Standard of 3.6 metres, notwithstanding the driveway width of 3.5 metres is considered acceptable in this instance.

· Stormwater Connection through the Adjacent Road Verge – the standard materials and dimensions have not been nominated on the plans provided, however given that the stormwater connection occurs outside of the site of the development it is considered more appropriately dealt with at time of application to Council.

A full copy of the relevant reports is attached, refer Attachment 2.



Building near Airfields Objectives 1 Principles of Development Control 1, 2, 3, 6 & 7

Crime Prevention Objectives 1 Principles of Development Control 1, 2, 3, 6, 7, 8 & 10

Design and Appearance Objectives 1 Principles of Development Control 1, 2, 3, 4, 5, 7, 9, 10 & 16

Energy Efficiency Objectives 1 & 2 Principles of Development Control 1, 2 & 3

Hazards Objectives 1 & 4 Principles of Development Control 1, 2, 4, 5 & 7

Infrastructure Objectives 1, 3, 4 & 5 Principles of Development Control 1, 2, 3, 4, 5 & 7

Land Division Objectives 1, 2, 3 & 4



Objectives 1 & 2 Principles of Development Control 1, 2, 3, 4 & 6


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 3, 5 & 6


Objectives 1, 2, 3 & 4 Principles of Development Control 1, 2, 3, 5, 7, 8, 9, 10, 15,

16, 18, 20, 21, 22, 23, 29, 30, 31, 32, 33, 34, 37, 38, 42, 45, 46, 47, 48 & 49

Transportation and Access Objectives 2 Principles of Development Control 23, 24, 29, 33, 34 & 35

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 208 Zone: Residential Zone Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 1, 2, 3 & 4 Principles of Development Control 1, 6 & 8 Policy Area: Residential Policy Area 21 Desired Character Statement: “This policy area will continue to develop as a residential area of medium density and infill development. Development will be in keeping with the existing character of the area with buildings that maintain the traditional character through a variety of designs. Appropriately designed modern interpretations of the existing residential character, such as post World War Two and 1950s Tudor style housing, will be encouraged where suitable”. Objectives 1 Principles of Development Control 1, 2 & 3 In assessing the merits or otherwise of the application, the following are discussed: Site Area and Character The desired character statement for Residential Policy Area 21 states: "This policy area will continue to develop as a residential area of medium density and infill development. Development will be in keeping with the existing character of the area with buildings that maintain the traditional character through a variety of designs. Appropriately designed modern interpretations of the existing residential character, such as post World War Two and 1950s Tudor style housing, will be encouraged where suitable".

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 209 The locality consists of low to medium density established residential development with some evidence of infill development within the locality. There is a mixture of dwelling types within the locality although it is fair to say that there is a prevalence of single storey detached dwellings. The existing housing stock mostly dates from the 1950s and 1960s although there have been a few examples of subdivision within the locality that have occurred in the last 10 to 20 years. The subject site is somewhat unique within the locality in that at first glance it appears similar to the other residential development within the streetscape, but upon closer examination is mostly surrounded by non-residential activities. The western adjoining site is largely vacant, but contains a utility box centrally which is used by the Adelaide International Airport. This site is fenced along all site boundaries. The rear and part of the western and eastern sides of the subject land adjoin the West Torrens Council Depot. In consideration of the above, the proposal will barely be noticed from Press Road, particularly given that the existing dwelling is being retained, nor from the adjoining residential sites. As a form of medium density and infill development, the proposed development is considered to be in keeping with the desired character of the policy area and existing character of the locality. It is considered that the subject land is able to accommodate a higher density development given its close proximity to public transport and nearby arterial roads Marion Road and Sir Donald Bradman Drive and to a lesser extent Richmond Road. Zone Section, Residential Zone, Residential Policy Area 21 Principle of Development Control 3 states: "A dwelling should conform to the following site areas and have a frontage to a public road not less than that shown in the following table: Dwelling type Minimum site area

(m²) Average site area (m²)

Minimum site frontage to a public road excluding hammerhead or battle ace allotments or sites (metres)

Detached 340 minimum Not applicable 10 Other dwellings Not applicable 340 10 Supported accommodation and housing for seniors

Not applicable 250 20

The proposal will result in allotments averaging approximately 300 square metres a shortfall of some 40 square metres per allotment. Notwithstanding this shortfall, it is considered that there will be no negligible impacts on the streetscape character or locality as the shortfall will not be visible from the street and, as previously discussed, the site is able to accommodate a higher density due to its proximity to existing services and traffic infrastructure. Aircraft Noise The subject site is located within the area affected by aircraft noise as detailed in Overlay Map WeTo/8 - Development Constraints as contained within the Mapping Section of the Development Plan. General Section, Building near Airfields Principle of Development Control 7 recommends that areas affected by aircraft noise should incorporate appropriate noise attenuation measures. In addition, General Section, Building near Airfields Principle of Development Control 6 states: "Development within areas affected by aircraft noise should be consistent with Australian Standard AS 2021 - Acoustics - Aircraft Noise Intrusion - Building Siting and Construction".

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 210 Possible treatments to the proposed dwellings to minimise negative impacts resulting from aircraft noise will most likely include the use of specific building materials and window treatments and/or additional insulation. As these measures will not impact the planning merit of the application, it is recommended that a suitable condition be adopted to ensure compliance with the relevant Australian Standard. Site Coverage The following policies within the Residential Development Module of the General Section of the Development Plan provide guidance for site coverage of new buildings: Residential Development Principle of Development Control 29: "Site coverage should be limited to ensure sufficient space is provided for:

(a) pedestrian and vehicle access and vehicle parking (b) domestic storage (c) outdoor clothes drying (d) a rainwater tank (e) private open space and landscaping (f) front, side and rear boundary setbacks that contribute to the desired character of the area (g) convenient storage of household waste and recycling receptacles".

Residential Development Principle of Development Control 30: "Site coverage encompassing the area of a site covered by the ground floor level of a building, including the dwelling, garage, carport and outbuilding, but excluding unroofed balconies, verandas and pergolas, should not exceed the following: Site area (square metres)

Maximum site coverage (per cent)

<300 55 301-450 50 451-800 45 >800 40 The existing dwelling will result in site coverage of approximately 56.4% an excess of 6.4%. This excess is not considered to be critical to the proposal as the site is still able to accommodate most of the qualitative requirements of Principle of Development Control 29 and in particular private open space for the existing dwelling exceeds the minimum amount required.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 211 Private Open Space General Section, Residential Development Principle of Development Control 33 states: "Dwellings, particularly those with ground-level habitable rooms should include private open space that conforms to the requirements identified in the following table: Site area of dwelling Minimum area of private

open space Provisions

270 square metres of greater 20 per cent of site area Balconies, roof patios, decks and the like, can comprise part of this area provided the area of each is 10 square metres or greater. One part of the space should be directly accessible from a living room and have an area equal to or greater than 10 per cent of the site area with a minimum dimension of 5 metres and a maximum gradient of 1-in-10.

Less than 270 square metres 35 square metres Balconies, roof patios, decks and the like, can comprise part of this area provided the area of each is 8 square metres or greater. One part of the space is directly accessible from a living room and has an area of 16 square metres with a minimum dimension of 4 metres and a maximum gradient of 1-in-10.

Proposed Dwellings 1 and 2 have a shortfall of approximately 2.7% or 8.1 square metres each. The shortfall is considered minimal in this instance given that the private open space provided is amenable, accessed off a main living area, includes an undercover area for outdoor entertaining and has a minimum dimension of 4 metres. Given the size of the site and the proposed dwelling it is considered that private open space will be functional for future owners/occupiers of the site.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 212 Rear Setback (Existing Dwelling) General Section, Residential Development Principle of Development Control 23 recommends a minimum rear setback of 3 metres for single storey dwellings. The proposal will result in a rear setback of 1 metre for the existing dwelling on site. The shortfall is not considered critical to the application in this instance due to the following reasons:

· Only two (2) habitable windows face the rear property boundary (i.e. the kitchen window and bedroom window);

· The affected habitable rooms are separated from the rear dwellings by a distance of approximately 8 metres;

· The affected windows are south facing and will experience little impacts to available daylight and sunlight;

· The kitchen window will be separated from the rear boundary by the proposed carport thereby having a total rear setback of approximately 3.7 metres; and

· The main activity areas of the existing dwelling are orientated towards the front of the dwelling.

Visual Privacy The following policies within the Residential Development Module of the General Section of the Development Plan provide guidance for visual privacy for habitable rooms form pedestrian and vehicle movements: Residential Development Principle of Development Control 20: "Dwellings should be set back from allotment or site boundaries to:

(a) contribute to the desired character of the area (b) provided adequate visual privacy by separating habitable rooms from pedestrian and

vehicle movement". "External noise and light intrusion to bedrooms should be minimised by separating or shielding these rooms from:

(a) active communal recreation areas, parking areas and vehicle access ways (b) service equipment area and fixed noise sources on the same or adjacent sites".

Proposed Dwellings 1 and 2 each incorporate two (2) bedroom windows which face the common driveway access and manoeuvrability area. Impacts to future occupiers of the dwellings are considered minor given that the windows are restricted in size and are not the only light sources for the rooms, vehicle movements will be fairly limited and restricted mostly to occupiers of the site, and there is a small amount of space in front of the bedroom windows which is not required for manoeuvrability which could be used for screening. Carparking General Section, Transportation and Access Principle of Development Control 33 states: "Development should provide off-street vehicle parking and specifically marked disabled car parking places to meet anticipated demand in accordance with Table WeTo/2 - Off Street Vehicle Parking Requirements".

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 213 Table Section, Table WeTo/2 - Off Street Vehicle Parking Requirements further states: Accommodation Dwelling -detached -semi-detached -row -multiple -group -within a residential flat building

For detached, semi-detached, row dwelling and multiple dwellings to provided: 2 car parking spaces per dwelling, one of which is covered. For group dwelling and residential flat building to provide: 2 car parking spaces per dwelling, one of which is covered + an additional 0.25 car parking spaces per dwelling.

Each of the proposed dwellings is provided with one (1) covered and one (1) uncovered carparking space in accordance with the above provisions. As only two (2) of the proposed dwellings are group dwellings an additional 0.5 spaces are required by the above principle. In this case the site has the capacity to provide one (1) additional parking space in front of the existing driveway on the western side boundary and accessed off an existing crossover, however this space has been omitted in favour of additional private open space and a more amenable outcome for the existing dwelling. It is considered that the proposal meets the above provisions, particularly given that one (1) on-street carpark is provided directly adjacent the subject land and there is not a high demand for on-street parking within the locality. SUMMARY Whilst it is noted that the proposal does not meet some of the quantitative recommendations of the West Torrens Council Development Plan, it is considered to meet the qualitative requirements and, on the whole, will result in a form of residential development that is suitable for the zone, locality and more particularly the site. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 February 2012 and warrants Development Plan Consent.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 214 RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/1095/2012by Vista Concept Dimensions to undertake demolition of an existing carport and outbuildings and construction of two (2) single storey detached group dwellings with garages under the main roof at 2 Press Road, Brooklyn Park (CT 5728/109) subject to the following conditions: Council Conditions 1. That the development shall be undertaken and completed in accordance with the plans and

information detailed in this application except where varied by any condition(s) listed below. 2. That the finished floor level shall be 50.35 in reference to the Site Plan provided by Vista

Concept Dimensions (Project Number A-1205-120, Drawing Number 1205-120/PL1.1 dated 21 August 2012).

3. That all stormwater design and construction shall be in accordance with Australian

Standards and recognised engineering best practices to ensure that stormwater does not adversely affect any adjoining property or public road and for this purpose stormwater drainage shall not at any time:- a) Result in the entry of water into a building; or b) Affect the stability of a building; or c) Create unhealthy or dangerous conditions on the site or within the building; or d) Flow or discharge onto the land of an adjoining owner; and not flow across footpaths

or public ways. 4. That the required flood corridors of minimum 600mm shall be established between the

dwellings and both the eastern and western site boundaries and shall be maintained at a level within 200mm of the existing natural surface and shall remain clear and unencumbered at all times.

5. That any retaining walls shall be designed to accepted engineering standards, and not of

timber construction if retaining a difference in ground level exceeding 200mm. 6. That all driveways, parking and manoeuvring areas shall be formed, surfaced with

concrete, bitumen or paving, and be properly drained, and shall be maintained in reasonable condition at all times.

7. That all landscaping shall be planted in accordance with the approved plans prior to the

occupancy of the development. Any person(s) who have the benefit of this approval shall cultivate, tend and nurture the landscaping, and shall replace any landscaping which may become diseased or die.

8. This site is located within an area affected by aircraft noise as designated by the

Development Constraints Overlay Maps in the West Torrens Council Development Plan. Building work in relation to this site must comply with Australian Standard AS2021 insofar as it is relevant to the particular building work. This requirement is in addition to the relevant requirements of the Building Code of Australia.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 215 9. Council requires one business day’s notice of the following stages of building work:

· Commencement of building work on site · Commencement of placement of any structural concrete · Completion of wall and roof framing prior to the installation of linings · Completion of building work

Note: When a building-owner gives notice for the commencement of building work, they shall advise Council of the relevant person, (name, address and telephone number) who will provide the Statement of Compliance required under regulation 83AB. The relevant person must be: · The licensed building contractor who performed the work, or · A registered building work supervisor, private certifier or registered architect.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 225 6.6 256 Sir Donald Bradman Drive, COWANDILLA Application No. 211/30/2013 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Torrens Title Land Division creating two (2) allotments

from one (1) existing Torrens Title Allotment APPLICANT Faiyaz Khan C/- State Surveys APPLICATION NO 211/30/2013 LODGEMENT DATE 15 January, 2013 ZONE Residential POLICY AREA 21 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal

§ City Assets External § Nil

ASSESSING OFFICER Zoe Delmenico DEVELOPMENT PLAN VERSION

22 November, 2012

MEETING DATE 11 June 2013 RECOMMENDATION REFUSE

BACKGROUND

This application has been referred to the Development Assessment Panel (DAP) as the recommendation for the Torrens Title Land Division creating two allotments from one existing Torrens Title Allotment is for refusal following inspection of the subject site and locality and assessment of the application against the provisions of the West Torrens Council Development Plan. PREVIOUS or RELATED APPLICATION(S) Nil


The subject site is rectangular in shape with a splay and is located on the north-eastern corner of Sir Donald Bradman Drive and Turner Street, Cowandilla. It has a frontage width of 10.67 metres to Sir Donald Bradman Drive and a frontage width to Turner Street of 40.53 metres resulting in an overall site area of approximately 592m2. The site is currently occupied by a single storey detached dwelling and ancillary outbuildings including a garage in the north-eastern corner of the site which is accessed from an existing crossover located to the northern end of the site's Turner Street frontage. The allotment pattern within the locality comprises predominantly rectangular allotments with some limited infill development including regular and hammerhead allotments. With the exception of two properties within Neil Road all residential Torrens Titled allotments or averaged areas of community or strata titled allotments (excluding residential flat buildings) within a 200 metre radius of the subject site have allotment areas greater than the minimum allotment area proposed under this development application of 265m2. This equates to approximately 1.4% of total properties within the 200 metre radius. Additionally less than 10% of all residential properties within 200m of the subject site (excluding residential flat buildings) have an allotment area of less than 340m2. This equates to less than 10% of all properties and as such the level of infill development within the locality is somewhat less than other areas with the Council area. Surrounding land uses are residential in nature. Topographically the site is relatively flat. There are no regulated trees on the site, nor on adjoining properties that may be affected as a result of any proposed development, however there are a number of mature street trees within the verge area along the site's street frontages. The site and locality are shown on the following maps.


The proposal is for a Torrens Title Land Division creating two allotments from one existing Torrens Title Allotment. The applicant has submitted an indicative land use plan which proposes the construction of covered and uncovered car parking facilities to be accessed from Turner Street for the existing dwelling (allotment 702), and the provision of a 1.8 metre high colorbond acoustic fence enclosing the front setback area of this dwelling which fronts Sir Donald Bradman Drive. The indicative land use plan also includes a floor layout for a proposed two bedroom dwelling with associated car parking facilities and private open space with respect to proposed allotment 701. The proposed carport for the existing dwelling and any indicative dwelling on allotment 701 would be subject to a separate development application, as would the proposed 1.8 metre colorbond fence given that it is higher than 1 metre within 6 metres of the intersection of the site's boundaries which face a road. The proposal and associated supporting reports are detailed in Attachment 1. The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below: DEVELOPMENT PLAN PROVISIONS

STANDARD LOT 701 LOT 702


340m²

265m² Does Not Satisfy

327m² Does Not Satisfy


10m

10.67m (Sir Donald Bradman Drive) 21.34m (Turner Street) Satisfies

19.19m Satisfies

PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to Section 38 and Schedule 9 (2)(f) of the Development Act 1993 and Development Regulations 2008 and procedural matters associated with public notification of land within the Residential Zone. REFERRALS

Internal The application was referred to Council's City Assets department who initially advised of some concerns in relation to the proximity of the proposed crossover for allotment 702 to the existing mature street tree. This issue has now been addressed in the plans being considered by the Development Assessment Panel.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 230 External The application was referred to SA Water by the Development Assessment Commission (DAC) who advised of no objection subject to specified standard conditions being included on any consent to be issued. A full copy of the relevant referral responses is included in Attachment 2. ASSESSMENT The subject land is located within the Residential Zone and more particularly Policy Area 21 as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Infrastructure Objectives 1, 3, & 5 Principles of Development Control 1, 2, 3, 4, 5, 7 & 9

Land Division Objectives 1, 2, 3 & 4 Principles of Development Control 1, 2, 4, 5, 6, 7, 8, 11 &16


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 3, 5, 6 & 7

Transportation and Access Objectives 2 Principles of Development Control 23, 24, 29, 33, 34 & 35

Zone: Residential Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 1, 2, 3 & 4 Principles of Development Control 1, 3 & 6

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 231 Policy: Residential Policy Area 21

Desired Character: "This policy area will continue to develop as a residential area of medium density and infill development. Development will be in keeping with the existing character of the area with buildings that maintain the traditional character through a variety of designs. Appropriately designed modern interpretations of the existing residential character, such as post World War Two and 1950s Tudor style housing, will be encouraged where suitable".

Objectives 1 Principles of Development Control 1, 2 & 3 Allotment Size Residential Policy Area 21 PDC 2 states that 'Development should not be undertaken unless it is consistent with the desired character for the policy area.' and Residential Policy Area 21 PDC 3 states that 'A dwelling should conform to the following site areas... not less than 340m2 for a detached dwelling.' The desired character statement for Policy Area 21 states that, 'This policy area will continue to develop as a residential area of medium density and infill development. Development will be in keeping with the existing character of the area with buildings that maintain the traditional character through a variety of designs. Appropriately designed modern interpretations of the existing residential character, such as post World War Two and 1950s Tudor style housing, will be encouraged where suitable.' Additionally General Land Division PDC10 states that 'Residential allotments with an area measuring between 300 square metres and 449 square metres inclusive should be capable of containing an area for a building measuring 9 metres by 15 metres which should be set back at least: (a) 5.5 metres from the street boundary (b) 6 metres from the rear boundary.' The allotment pattern within the locality comprises predominantly rectangular allotments with some limited infill development including regular and hammerhead allotments. With the exception of two properties within Neil Road all residential Torrens titled allotments or averaged areas of community or strata titled allotments (excluding residential flat buildings) within a 200 metre radius of the subject site have allotment areas greater than the smallest allotment area proposed under this development application of 265m2. This equates to approximately 1.4% of total properties within the 200 metre radius having allotment areas less than 265m2. Additionally less than 10% of all residential properties within 200m of the subject site (excluding residential flat buildings) have an allotment area of less than 340m2. As such although the area continues to be developed as a residential area of medium density and infill development, within the locality the prevailing character is not of the size of allotment as proposed under this development application.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 232 Intended Use and Private Open Space General Land Division Objective 2 is for land division that creates allotments appropriate for the intended use. General Land Division PDC 2 states that 'Land should not be divided if any of the following apply: (a) the size, shape, location, slope or nature of the land makes any of the allotments unsuitable for the intended use....' In accordance with PDCs 31 - 33 of the Development Plan, private open space (land available for exclusive use by residents of each dwelling) should be provided for each dwelling and should be sited and designed: (a) to be accessed directly from the internal living areas of the dwelling (b) generally at ground level to the side or rear of a dwelling and screened for privacy (c) to take advantage of but not adversely affect natural features of the site (d) to minimise overlooking from adjacent buildings (e) to achieve separation from bedroom windows on adjoining sites (f) to have a northerly aspect to provide for comfortable year-round use (g) to not be significantly shaded during winter by the associated dwelling or adjacent

development (h) to be shaded in summer and should be of a sufficient area and shape to be functional,

taking into consideration the location of the dwelling, the dimension and gradient of the site. In addition, dwellings (particularly those with ground-level habitable rooms) should have an area of private open space of at least a minimum of 20% of the site area with one part of the space directly accessible from a living room and with an area equal to or greater than 10% of the site area with a minimum dimension of 5 metres for allotments greater than 270m2 and 35m2 with one part of the space directly accessible from a living room with an area of at least 16m2 and a minimum dimension of 4 metres. The total private open space provided to the side or rear of the existing dwelling and indicative dwelling is less than these suggested areas, however when including areas of private open space provided to the front of both dwellings meet the suggested areas. The front setback area of the existing dwelling which is proposed to be fenced and is relied upon as the primary open space area for this dwelling is orientated to the south and is provided with a small setback to Sir Donald Bradman Drive which is a major noise source given that it is an arterial road. This will result in poor amenity for occupants of the dwelling as a result of noise and reduced sunlight, and as such is considered inappropriate in this instance. Private open space is only proposed in this area due to the area constraints of the site. Other examples of private open space being provided at the front of existing dwellings abutting Sir Donald Bradman Drive within the locality are historical applications (some in excess of 20 years old) and are generally provided with larger setbacks to Sir Donald Bradman Drive, as opposed to the subject site, and / or are of a northerly orientation. The existing conditions of the site are that private open space is proposed to the rear of the existing dwelling is not accessed from a living area and this arrangement is considered satisfactory given that it would be to the north and of good amenity. The creation of a larger parcel of private open space to the rear of the existing dwelling would result in the area of allotment 701 being further reduced which is further indicator that the constraints of the site result in the proposed land division being inappropriate in this instance.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 233 SUMMARY Although the current indicative layout for a dwelling on proposed allotment 701 does not meet some of the provisions of the General Residential section of the Development Plan and is provided with some internal rooms which may provide for a poor standard of internal amenity due to the limited size of some rooms and absence of a kitchen, it is likely that it could be demonstrated by an alternative design that some form of residential dwelling could be accommodated on this allotment. However, the fundamental issues of private open space of insufficient size, orientation and poor level of amenity given its limited setback distance to Sir Donald Bradman Drive for the existing dwelling, and the proposed allotment area of proposed allotment 701 being significantly less than 340m2 and not consistent with the desired character for the policy area cannot be satisfactorily addressed and render the proposed land division inappropriate in this instance. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be seriously at variance with the Development Plan. On balance the proposed development does not accord with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 22 November, 2012 and does not warrant Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to REFUSE Development Approval for Application No. 211/30/2013 by Faiyaz Khan C/- State Surveys to undertake a Torrens Title Land Division creating two (2) allotments from one (1) existing Torrens Title Allotment at 256 Sir Donald Bradman Drive, Cowandilla (CT 5808/639) for the following reasons: 1. The proposed development is contrary to:

· General Land Division Objective 2 Reason: The proposed land division does not create allotments appropriate for the intended use by virtue of proposed allotments resulting in insufficient private open space with poor amenity for the existing dwelling.

§ General Land Division PDC 2(a)

Reason: The size and shape and nature of the site adjacent to an arterial road make the allotments unsuitable for their intended use by the insufficient provision of private open space particularly with respect to amenity.

§ Residential Policy Area 21 PDC 2

Reason: The proposed allotment areas are not consistent with the prevailing character of development within the locality.

§ Residential Policy Area 21 PDC 3

Reason: The proposed allotment areas are less than 340m2.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 252 6.7 19 Windermere Avenue, NOVAR GARDENS Application No. 211/346/2013 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construct a carport forward of a dwelling APPLICANT Bettawood APPLICATION NO 211/346/2013 LODGEMENT DATE 10 April, 2013 ZONE Residential POLICY AREA 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal


ASSESSING OFFICER Zoe Delmenico DEVELOPMENT PLAN VERSION

22 November, 2012

MEETING DATE 11 June 2013 RECOMMENDATION REFUSE

BACKGROUND

This application has been referred to the Development Assessment Panel (DAP) as the recommendation for the construction of a carport forward of a dwelling is for refusal following inspection of the subject site and locality and assessment of the application against the provisions of the West Torrens Council Development Plan. PREVIOUS or RELATED APPLICATIONS

· 211/293/1994 - Dwelling Additions (Development Approval issued 29 April, 1994) · 211/76/1996 - Toolshed (Development Approval issued 6 February, 1996)


The subject site is located on the eastern side of Windermere Avenue, Novar Gardens. The site is rectangular in shape with a frontage width of 20.12 metres to Windermere Avenue and a maximum depth of 30.07 metres, resulting in an overall site area of approximately 605m2. The site currently contains an existing single storey dwelling with attached garage, verandah, ancillary outbuildings and a swimming pool. There are no regulated trees on site in the vicinity of the proposed carport. Topographically, the site is relatively flat. Vehicle access to the existing garage is currently provided via a single width crossover located towards the northern end of the site’s Windermere Avenue street frontage. The existing neighbourhood is characterised by predominantly single storey detached dwellings with open front setback areas and the prevailing character of car parking facilities located in line with, integrated within, or behind, the main façade of existing dwellings. The limited examples of car parking structures forward of existing dwellings are not of recent construction and are located on sites where there are no other opportunities for undercover car parking. The site and locality are shown on the following maps.


It is proposed to construct a double width carport to the front of the existing single width garage on site, and in front of the existing dwelling. The submitted plans indicate that the proposed carport would be set back a minimum of 6.7 metres from kerbline of Windermere Street and a minimum of 0.6 metres from the site’s northern boundary. This results in a setback to the site's front property boundary of 2.7 metres. The proposed garage would be 5.8 metres in length and 7.2 metres in width and designed with a pitched roof and gable end. The submitted plans indicate that the proposed carport is to be an open structure and is therefore not proposed to be fitted with a roller door. The proposed carport is to be constructed of painted timber with a colorbond roof and hardiflex gable end infill panel. (refer to Attachment 1). As the submitted plans nominate the setback of the proposed carport to the kerbline of Windermere Avenue, Council Officers have provided a representation of the location of the proposed carport (blue hatched area) measured at 5.8 metres from the edge of the roofline of the existing dwelling as shown below for clarity.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 258 The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below:

DEVELOPMENT PLAN

PROVISIONS

STANDARD ASSESSMENT

SITE COVERAGE General Section - Residential Development PDC 30

45% 52% approximately Not satisfied

STREET SETBACK Residential General PDC 18

Primary Street The average setback of adjacent buildings 5.1m

2.7m Not satisfied

CARPARKING SPACES Council Wide Transportation and Access PDC 33

2 car-parking spaces

3 car-parking spaces Satisfied

PUBLIC NOTIFICATION

The application is a Category 2 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations. Properties notified: Six (6) properties were notified during the public notification

process. Representations: No representations were received.

ASSESSMENT

The subject land is located within the Residential Zone and more particularly Residential Policy Area 20 as described in the West Torrens (Council) Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows:

General Section Provisions Design and Appearance Objectives 1

Principles of Development Control

1-5 & 16


Objectives 1,3,4 & 5 Principles of Development Control

1

Energy Efficiency Objectives 1 Principles of Development Control

1-3


Residential Development Objectives 1

Principles of Development Control

7,12-16,26,27,29,30 & 33

Policy Area: Residential Policy Area 20 Desired Character Statement: “This policy area is characterised by well maintained single storey detached dwellings on large allotments, set well back from the street. The policy area is reasonably homogenous and is mainly comprised of detached dwellings. This policy area is home to newer subdivisions and housing redevelopment. Many dwellings have characteristic verandas, porches and entry doors facing the street. Development will maintain and complement the character and built form of the existing streetscape”. Objectives 1 Principles of Development Control 1, 2 and 3 In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Street Setback and Neighbourhood Character: In accordance with Principle of Development Control (PDC) 18 of the West Torrens Council Development Plan, which in conjunction PDC 20 seeks to ensure that development contributes to the desired character of the area the proposed carport should be set back at least 5.1 metres from the site's Windermere Avenue property boundary.

Zone: Residential Desired Character: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 4 Principles of Development Control 1,6 &7

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 260 Additionally, PDC 26 of the General Residential Section states that 'Carports and garages should be set back from road and building frontages so as to: (a) contribute to the desired character of the area (b) not adversely impact on the safety of road users (c) provide safe entry and exit (d) not dominate the appearance of dwellings from the street.'; PDC 27 of the General Residential Section states that, 'Carports and garages should be set back a minimum of 5.5 metres from the primary road frontage and, in any event: (a) not less than 0.5 metres behind the main face of the associated dwelling if the dwelling

does not incorporate minor elements such as windows, verandas or porticos projecting forward from its main face

(b) in line with the main face of the associated dwelling if the dwelling incorporates minor elements such as windows, verandas or porticos projecting forward from its main face, the main face being the closest external wall of a habitable room to the street frontage or, in the case of a dwelling which has a frontage to more than one street, the primary frontage excluding elements projecting from the wall such as windows, verandas, porticos etc.'; and

PDC 16 states that 'Garages and carports facing the street should not dominate the streetscape and should have a maximum opening width of 6 metres....'

The front setback of the proposed carport of approximately 2.7 metres would be significantly less than these minimum requirements and the width of the proposed carport would be in excess of 6 metres being proposed at 7.2 metres. From inspection of the site, it is considered by Council Officers that the proposed front setback of the carport is inconsistent with the prevailing streetscape character within Windermere Avenue and would therefore not contribute to the desired character of the area and will dominate the streetscape and appearance of the existing dwelling from the street. The few limited examples of existing structures used for car parking located forward of dwellings are considered to be visually less dominant, set back a further distance from their respective front property boundaries than that of the proposed carport, do not form part of the prevailing character of the neighbourhood when compared to garages of carports in line with or set back behind the main building line of existing dwellings, are not of recent construction (ie: no Council records applicable) and are located on sites which did not contain any alternative car parking facilities such as that of the subject site which is already provided with an existing garage. Site Coverage The proposed site coverage of approximately 52% is greater than the maximum requirement of 45% outlined in PDC 30 of the General Residential section of the Development Plan. The existing site coverage of the site is approximately 46%. Furthermore, PDC 29 of the General Residential section states that 'Site coverage should be limited to ensure sufficient space is provided for: (a) pedestrian and vehicle access and vehicle parking (b) domestic storage (c) outdoor clothes drying (d) a rainwater tank (e) private open space and landscaping (f) front, side and rear boundary setbacks that contribute to the desired character of the area (g) convenient storage of household waste and recycling receptacles.' In considering a variation to the maximum requirement of 45%, Council Officers must consider whether Principle of Development Control 29 with respect to Site Coverage has been met by the proposal.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 261 Given the existing neighbourhood character with respect to setbacks to street frontages, it is not considered that the site coverage of the site provides sufficient space for front setbacks appropriate to the locality as outlined in PDC 29(f). SUMMARY The proposed carport is considered to be at variance with a number of Principles of Development Control contained within the West Torrens Council Development Plan, particularly with respect to neighbourhood character, setbacks and site coverage, and as such does not warrant support in this instance. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be seriously at variance with the Development Plan. On balance the proposed development does not accord with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 22 November, 2012 and does not warrant Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to REFUSE Development Approval for Application No. 211/346/2013 by Bettawood to construct a carport forward of a dwelling at 19 Windermere Avenue, Novar Gardens (CT5163/709) for the following reasons: 1. The proposed development is contrary to

§ General Residential PDC 16 Reason: The proposed carport is in excess of 6 metres in width and will dominate the streetscape

§ General Residential PDC 18

Reason: The proposed front setback of the carport is inconsistent with the prevailing streetscape character within Windermere Avenue and will therefore not contribute to the desired character of the area.

§ General Residential PDC 26 and 27

Reason: The proposed carport is sited forward of the main building line of the existing dwelling and therefore does not contribute to the desired character of the area and will dominate the appearance of the dwelling from the street.

§ General Residential PDC 29(f) and 30

Reason: The site coverage of the site does not provide for sufficient space to accommodate a front boundary setback that contributes to the desired character of the locality.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 266 6.8 1 Gordon Street, KURRALTA PARK Application No. 211/306/2013 DEVELOPMENT APPLICATION DETAILS

DEVELOPMENT PROPOSAL Construct one (1) x single-storey detached dwelling and two (2) x single-storey group dwellings

APPLICANT Qattro APPLICATION NO 211/306/2013 LODGEMENT DATE 28 March 2013 ZONE Residential POLICY AREA n/a APPLICATION TYPE Policy Area 22 PUBLIC NOTIFICATION Merit REFERRALS 1 ASSESSING OFFICER Internal

§ City Assets DEVELOPMENT PLAN VERSION

Shanti Ditter

MEETING DATE 22 November 2012 RECOMMENDATION 11 June 2013 CONSENT

BACKGROUND

The application was lodged with Council on 28 March 2013. As the application is for three dwellings, the application is presented to the DAP for consideration. PREVIOUS or RELATED APPLICATION(S) Nil SITE AND LOCALITY

The site of the proposed development is currently developed with a single storey post second world war detached dwelling. The site is approximately 886.58m2, with a frontage of 19.4 metres and a depth of 45.7 metres. The locality is a residential neighbourhood with predominantly single storey dwellings of a similar era. Some redevelopment has occurred in the locality on the corner of Gordon and Selby Streets. The site and locality are shown on the following maps.


The proposal involves the demolition of the existing dwelling and redevelopment of the site to accommodate one, single-storey detached dwelling and two, single-storey group dwellings, one with frontage to Gordon Street and two at the rear serviced by shared driveway located on the eastern side of the allotment. Each of the dwellings has a single garage under the main roof with associated landscaping and private open space. A copy of the proposal is contained in Attachment 1. The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below: DEVELOPMENT PLAN PROVISIONS

STANDARD DWELLING 1 DWELLING 2 DWELLING 3


270m² (excluding driveway handle)

270m² (average) Satisfies




9m

12.3m Satisfies

n/a Satisfies

n/a Satisfies


Max. 55%

49% approximately Satisfies




Average of the adjoining dwellings (2.5m approx.)

4m Satisfies

n/a - hammerhead

n/a - hammerhead


0m/1m side setback

0m (W) 1.0m (W) Satisfies

0m (E) 1.26m (W) Satisfies

0m (W) 1.26m (E) Satisfies

3m rear setback

1.7m Does Not Satisfy

4.02m Satisfies

4.02m Satisfies

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 270 PRIVATE OPEN SPACE Residential Development PDC 33

Min. 20%

20.1% Satisfies

21.3% Satisfies

21.3% Satisfies

CARPARKING SPACES Transportation and Access PDC 33

2 car-parking spaces (1x covered) and for group dwellings and additional 0.25 spaces per dwelling




PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and Residential Zone, Procedural Matters of the West Torrens Council Development Plan. REFERRALS

Internal • City Assets Concerns were raised regarding the following matters; · Finished Floor Levels · Verge interaction with street tree · Traffic and · Street Tree removal The applicant has submitted amended plans which City Assets Department has confirmed as acceptable. A full copy of the relevant report is attached, refer Attachment 2. ASSESSMENT


Crime Prevention Objectives 1


Design and Appearance

Objectives 2

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 & 20


Energy Efficiency

Objectives 1 & 2 Principles of Development Control 1, 2, 3 & 4


Infrastructure Objectives 1, 2, 3, 4 & 5



Objectives 1 & 2 Principles of Development Control 1, 2, 3, 4, 5 & 6





11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 & 56



11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 & 41

Zone: Residential Desired Character Statement: This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use. Objectives 1, 2, 3 and 4 Principles of Development Control 1, 6, 7 and 8

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 272 Policy Area: Residential Policy Area 22 Desired Character Statement: This policy area has the greatest potential for redevelopment and increased housing densities due to the close proximity of the majority of housing to centre and public transport, and the range of larger allotments which will be suitable for future subdivision and redevelopment. New development will enhance the existing character of area which is characterised by a variety of housing types ranging from the 1920s to the 1970s. Interface issues between residential and commercial, industrial and arterial roads will be managed sensitively, and will not compromise the historical character of the area. Objectives 1 Principles of Development Control 1, 2 and 3 In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Site Area and Frontage Dwelling 1 provides adequate site area and Dwellings 2 and 3 are under the minimum site area. The Development Plan does not include the handle of the driveway in the calculation of site area, however if this area were included, the average site area for the dwellings to the rear would be in excess of 300m2 per dwelling. Notwithstanding that the site area is under the minimum of 270m2, a determinant factor for consideration is whether the proposal satisfies all other relevant provisions of the Development Plan. With regard to the group dwellings, the siting and design provides for adequate private open space, site coverage, car parking and setbacks. On this basis the shortfall in site area is not considered to be a critical factor in the determination of the application. Bulk and Scale The single storey scale and appearance of the dwellings fits into the established streetscape character of the locality. Together with appropriate street and side boundary setbacks, the bulk and scale of the proposal is considered to be appropriate. Setbacks Dwelling 1 has a rear setback of 1.7 metres. Although this setback does not strictly accord with the 3 metre setback sought by the Development Plan, as the rear boundary adjoins a common driveway with the dwellings to the rear setback approximately 6 metres from this rear boundary, this shortfall in setback is considered to be acceptable. Overlooking and Overshadowing As the buildings are single storey in height, the impact of any overshadowing together with the fact that the garage for Dwelling 1 is sited adjacent to an existing carport to the west and unlikely to have a negative effect. In relation to daylight and sunlight and visual privacy, the single storey nature of the development means that the impacts of the proposal are likely to be negligible.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 273 SUMMARY

The proposal does not meet quantitative site area requirements of the Development Plan, however, the proposal meets all other relevant quantitative and qualitative provisions. The single storey form and scale of the dwellings together with the proposed setbacks fit into the desired character of the Policy Area. The proposed design is sympathetically designed and responds well to its site and locality. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 22 November 2012 and warrants Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/306/2013 by Qattro to Construct one (1) x single-storey detached dwelling and two (2) x single-storey group dwellings at 1 Gordon Street, Kurralta Park (CT 5754/92) subject to the following conditions: Council Conditions: 1. The development must be undertaken and completed in accordance with the plans and

information detailed in this application except where varied by any condition(s) listed below. 2. The construction of a drainage system and the position and manner of discharge of a

stormwater drain must not at any time:- a) Result in the entry of water into a building; or b) Affect the stability of a building; or c) Create unhealthy or dangerous conditions on the site or within the building; or d) Flow or discharge onto the land of an adjoining owner; and not flow across footpaths

or public ways. 3. Retaining walls must be designed to accepted engineering standards, and not of timber

construction if retaining a difference in ground level exceeding 200 mm. 4. Details of materials and finishes shall be submitted to the satisfaction of Council prior to the

issuing of Development Approval. 5. All driveways, parking and manoeuvring areas must be formed, surfaced with concrete,

bitumen or paving, and be properly drained. They must be maintained to the reasonable satisfaction of Council thereafter.

6. All planting and landscaping must be completed within 3 months of the commencement of

the use of this development and must be maintained to the reasonable satisfaction of Council. Any plants that become diseased or die must be replaced with suitable species.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 288 6.9 Land Division - 1 Gordon Street, KURRALTA PARK Application No. 211/370/2013 DEVELOPMENT APPLICATION DETAILS

DEVELOPMENT PROPOSAL Community Title Land Division, DAC No. 211/C036/13 -

Create two (2) additional allotments APPLICANT Balcon Pty Ltd APPLICATION NO 211/370/2013 LODGEMENT DATE 18 April 2013 ZONE Residential PRECINCT N/A POLICY AREA 22 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal

§ Nil External § DAC


22 November 2012


BACKGROUND

The application was lodged with Council on 18 April 2013. As the application is for more than two allotments, the application is presented to the DAP for consideration. PREVIOUS or RELATED APPLICATION(S) Nil SITE AND LOCALITY

The site of the proposed development is currently developed with a single-storey, post second world war, detached dwelling. The site is approximately 886.58m2, with a frontage of 19.4 metres and a depth of 45.7 metres. The locality is a residential neighbourhood with predominantly single storey dwellings of a similar era. Some redevelopment has occurred in the locality on the corner of Gordon and Selby Streets.


The proposal is for a Community Title Land Division creating three (3) community lots and community land comprising a driveway. The proposal has been lodged to formalise titles for development proposals associated with development application 211/306/2013, also contained within the agenda papers of this meeting. The proposal is detailed in Attachment 1. PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to Section 38 and Schedule 9 (2)(f) of the Development Act 1993 and Development Regulations 2008 and procedural matters associated with public notification of land within the Residential Zone. REFERRALS

External • Development Assessment Commission (DAC) The Development Assessment Commission has no objections to the proposed development and requested that conditions and advice be attached to any approvals. A copy of the DAC report is contained in Attachment 2. ASSESSMENT

The dimensions and configuration of the land division are consistent with the proposed land use application (Development Application 211/306/2013). Although there is an inconsistency with the site area provisions for proposed allotments 2 and 3, it is considered that the site layout has merit as demonstrated in the land use application that is considered separately in this agenda. SUMMARY

Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens (City) Development Plan Consolidated 22 November 2012 and warrants Development Plan Consent.


The Development Assessment Panel, having considered all aspects of the report and the application for consent to carry out development of land, and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent, Land Division Consent and Development Approval for Application No. 211/370/2013 by Balcon Pty Ltd to undertake Community Title Land Division - Create three (3) additional allotments at 1 Gordon Street, Kurralta Park (CT 5754/92) subject to the following conditions: DEVELOPMENT PLAN CONSENT COUNCIL CONDITIONS:

1. Development is to take place in accordance with the plans prepared by Richard Retallack relating to Development Application No. 211/370/2013 (DAC 211/C036/13).

2. Section 51 clearance shall not be issued until all structures on the site have been

demolished and the site satisfactorily cleared. LAND DIVISION CONSENT DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: 1. The financial requirements of the SA Water Corporation shall be met for the provision of

water supply and sewerage services (SA Water H0005758).

Further processing of this application by SA Water to establish the full requirements and costs of this development the developer will need to advise SA Water of their preferred servicing option. Information of our servicing options can be found at: http://www.sawater.com.au/SAWater/DevelopersBuilders/ServicesForDevelopers/Customer+Connections+Centre.htm. For further information or queries please contact SA Water Land Developments on 7424 1119.

The developer must inform potential purchasers of the community lots of the servicing arrangements and seek written agreement prior to settlement, as future alterations would be at full cost to the owner/applicant.

2. Payment of $12976.00 into the Planning and Development Fund (2 allotment(s) @

$6488/allotment). Cheques to be made payable and marked “NOT NEGOTIABLE” to the Development Assessment Commission and payment made at Level 5, 136 North Terrace, Adelaide, or sent to GPO Box 1815, Adelaide, 5001 or via the internet at www.planning.sa.gov.au

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

Practice Volume Assessment Commission for Land Division Certificate purpose.

http://www.sawater.com.au/SAWater/DevelopersBuilders/ServicesForDevelopers/Customer+Connections+Centre.htm


http://www.planning.sa.gov.au/

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 295 6.10 19, 19A & 19B Ruthven Avenue, GLANDORE Application No. 211/460/2013 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Community Title Land Division (DAC no. 211/C052/13) -

Create two (2) additional allotments APPLICANT Jack Panagiotou APPLICATION NO 211/460/2013 LODGEMENT DATE 10 May 2013 ZONE Residential Zone POLICY AREA Residential Policy Area 22 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal



22 November 2012


BACKGROUND

The application was lodged with Council on 10 May 2013. The subject land has previously received planning consent to retain the existing dwelling and construct two new dwellings, and development approval to create two Torrens Title allotments and two Community Title allotments. The land use consent is valid until 29 September 2013 at which time development approval must be obtained by Council. This application is intended to supersede the two approved land division applications where the driveway will serve as common property and easement 'B' over proposed Allotment 3 will allow for an encroachment of the upper storey eaves of Dwelling 2 as per Development Application 211/955/2010. As the subject land is located within the Residential Zone and will result in the creation of more than one additional allotment, the application is presented to the Panel for its consideration and determination. A copy of the approved land use and land division(s) are contained in Attachment 1.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 296 PREVIOUS or RELATED APPLICATION(S) DA 211/955/2010 - Residential flat building consisting of two (2) x two (2) storey dwellings and

garage in association with existing dwelling (DPC Granted). DA 211/631/2012 - Torrens Title Land Division (DAC no. 211/D062/12) create two (2) additional

allotments (Development Approval Granted). DA 211/632/2012 - Community Title Land Division (DAC no. 211/C063/12) create two (2)

additional allotments (Development Approval Granted). SITE AND LOCALITY

The subject land is described as Allotment 11 Deposited Plan 3061 in the area named Glandore Hundred of Adelaide as contained in Certificate of Title Volume 5633 Folio 884. The land is more commonly known as 19 Ruthven Avenue, Glandore and upon approval of this division will be known as 19, 19A and 19B Ruthven Avenue, Glandore. The site comprises a rectangular allotment with a frontage of approximately 17.02 metres to Ruthven Avenue and a site depth of approximately 65.13 metres. The total site area is approximately 1120 square metres. The site currently accommodates a single storey detached dwelling constructed in 1926 and three ancillary outbuildings. The subject site is located within the Residential Zone and more particularly Residential Policy Area 22. The site is located approximately 270 metres from main arterial South Road and approximately 230 metres from the commercial activities located along ANZAC Highway. The locality consists mostly of low to medium density residential development. While most allotments are rectangular and contain detached dwellings, there are instances of medium density development in the form of row dwellings, residential flat buildings and group dwellings most of which are situated on battleaxe allotments. The site and locality are shown on the following maps.


The applicant seeks development approval for a Community Title Land Division creating three community allotments, with a common property driveway off Ruthven Avenue and an easement over proposed Allotment 2. The proposed allotment boundaries are consistent with those of the approved land use application 211/955/2010. A copy of the proposal is contained in Attachment 2. PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and the Residential Zone, Procedural Matters of the West Torrens Council Development Plan. ASSESSMENT


Infrastructure Objectives 1, 2, 3 & 4


Land Division Objectives 1, 3 & 4 Principles of Development Control 1, 2, 3, 4 & 5


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 3 & 6

Zone: Residential Zone Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 1, 2, 3 & 4 Principles of Development Control 1, 6 & 8

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 300 Policy Area: Residential Policy Area 22 Desired Character Statement: "This policy area has the greatest potential for redevelopment and increased housing densities due to the close proximity of the majority of housing to centre and public transport, and the range of larger allotments which will be suitable for future subdivision and redevelopment. New development will enhance the existing character of area which is characterized by a variety of housing types ranging from the 1920s to the 1970s. Interface issues between residential and commercial, industrial and arterial roads will be managed sensitively, and will not compromise the historical character of the area". Objectives 1 Principles of Development Control 1 & 2 Discussion The application seeks to change the existing allotment from one Torrens Title to three Community Title allotments. As previously discussed, the site has previously been granted development approval for two Torrens Title allotments and two Community Title allotments. The use of the land will remain residential and in accordance with development application 211/955/2010, the existing dwelling will be retained and a two storey residential flat building comprising two dwellings will be constructed to the rear of the site. To some extent, the application is little more than a formal process to convert the land to community allotments. The site configuration, boundary dimensions and number of allotments will be the same as the previous land division approvals for the site. SUMMARY Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 22 November 2012 and warrants Development Plan Consent.


The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/460/2013 by Jack Panagiotou to undertake Community Title Land Division (DAC no. 211/C052/13) - Create two (2) additional allotments at 19 Ruthven Avenue, Glandore (CT 5633/884) subject to the following conditions: DEVELOPMENT PLAN CONSENT COUNCIL CONDITIONS: 1. Development is to take place in accordance with the plans prepared by Benchmark

Property Services relating to Development Application No. 211/460/2013 (DAC 211/C052/13).

DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: Nil LAND DIVISION CONSENT COUNCIL CONDITIONS: 1. That prior to the issue of Section 51 Clearance to this division approved herein, the

existing outbuilding shall be removed from proposed Allotment(s) 1 and 2 and from the Common Property. For this purpose a separate application to Council is required.

DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: 2. The financial requirements of the SA Water Corporation shall be met for the provision of

water supply and sewerage services (SA Water H0006382).

For further processing of this application by SA Water to establish the full requirements and costs of this development the developer will need to advise SA Water of their preferred servicing option. Information of our servicing options can be found at: http://www.sawater.com.au/SAWater/DevelopersBuilders/ServicesForDevelopers/Customer+Connections+Centre.htm. For further information or queries please contact SA Water Land Developments on 7424 1119.

The developer must inform potential purchasers of the community lots of the servicing arrangements and seek written agreement prior to settlement, as future alterations would be at full cost to the owner/applicant.

3. Payment of $12976.00 into the Planning and Development Fund (2 allotment(s) @

$6488.00/allotment). Payment may be made by credit card via the internet at www.edala.sa.gov.au or by phone (8303 0724), by cheque payable to the Development Assessment Commission marked "Not Negotiable" and sent to GPO Box 1815, Adelaide 5001 or in person, at Level 5, 136 North Terrace, Adelaide.


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.



http://www.edala.sa.gov.au/

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 306 6.11 69 Brooker Terrace, RICHMOND Application No. 211/381/2013 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Land Division - Community Title

DAC No. - 211/C038/13 Create Three (3) Additional Allotments

APPLICANT Ching Ping Liew APPLICATION NO 211/381/2013 LODGEMENT DATE 19 April 2013 ZONE Residential POLICY AREA Residential Policy Area 22 APPLICATION TYPE Merit PUBLIC NOTIFICATION Nil REFERRALS Internal


ASSESSING OFFICER Jessica Grima DEVELOPMENT PLAN VERSION

22 November 2012


BACKGROUND

The proposed land division is proposed in conjunction with an approved land use application for the construction of two residential flat buildings both comprising two (2), two storey dwellings. The proposed allotment boundaries correspond with the land use application. PREVIOUS and RELATED APPLICATION(S) · DA 211/970/2011 - Demolition of an existing single storey detached dwelling and removal of

a Significant Tree, and Construction of two residential flat buildings both comprising two (2), two storey dwellings and front masonry fence and associated driveway and landscaping - Development Approval Granted 3 December 2012

· DA 211/1318/2012 - Demolition of existing dwelling and outbuilding - Development Approval

Granted 24 December 2012.


The subject land comprises a rectangular parcel of land with a frontage of 15.24 metres to Brooker Terrace and a depth of 64.67 metres. The overall land size is approximately 985.5 square metres. The subject land is located to the east side of Brooker Terrace and approximately 40 metres south of the Redin Street and Brooker Terrace intersection. The locality predominantly comprises of residential development consisting of detached dwellings, residential flat buildings and group dwellings. Although there is a great amount of residential development existent within the locality there are also non residential uses, particularly within the Commercial and Industry Zone situated approximately 105 metres and 60 metres to the south of the subject land. The site and locality are shown on the following maps.


The proposal is for a Community Title Land Division creating four community lots and common property for vehicle access and manoeuvrability. One allotment and the common property front Brooker Terrace and the remainder front the common property. The proposed land division will result in Allotments 1 and 2 being irregular shape and Allotments 3 and 4 being rectangular in shape. Full details of the proposal are enclosed within Attachment 1. The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below:

DEVELOPMENT PLAN

PROVISIONS

STANDARD ASSESSMENT

Allotment 1

Allotment 2

Allotment 3

Allotment 4

SITE AREA Module: Residential Policy Area 22 PDC 2

270m²

182m² Does not satisfy




SITE FRONTAGE Module: Residential Policy Area 22 PDC 2

9m to a public road

9m Satisfies

N/A

N/A

N/A

PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to Section 38 of the Development Act 1993 and Schedule 9 Development Regulations 2008. ASSESSMENT


Land Division Objectives 1, 2, 3 & 4 Principles of Development Control 1, 2, 4, 5, 6, 8, 16 & 20


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 2, 3,5 & 7

Residential Development Objectives 1, 2, 3 & 4 Principles of Development Control 1 & 3

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 311 Zone: Residential Zone Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 1, 2, 3 & 4 Principles of Development Control 3 & 6 Policy Area: Residential Policy Area 22 Desired Character Statement: "This policy area has the greatest potential for redevelopment and increased housing densities due to the close proximity of the majority of housing to centre and public transport, and the range of larger allotments which will be suitable for future subdivision and redevelopment. New development will enhance the existing character of area which is characterised by a variety of housing types ranging from the 1920s to the 1970s. Interface issues between residential and commercial, industrial and arterial roads will be managed sensitively, and will not compromise the historical character of the area". Objectives 1 Principles of Development Control Form and Character 1 & 2 On 10 April 2012 Development Plan Consent was granted by the Development Assessment Panel for the demolition of an existing single storey detached dwelling, removal of a Significant Tree, and the construction of two residential flat buildings both comprising two, two storey dwellings, a front masonry fence and the associated driveway and landscaping. Development Approval for this development was granted on 4 December 2012. At the time the above approvals were granted all Objectives and Principles of Development Control of the West Torrens (City) Development Plan were considered and the proposal was deemed to be sufficiently in accordance with the relevant provisions. The dimensions of the present proposal are consistent with the previous approvals granted.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 312 SUMMARY Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 22 November 2012 and warrants Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/381/2013 by Ching Ping Liew to undertake land division (Community Title DAC No. - 211/C038/13) to create three (3) additional allotments at 69 Brooker Terrace, Richmond (CT 5825/561) subject to the following conditions: DEVELOPMENT PLAN CONSENT COUNCIL CONDITIONS: 1. Development is to take place in accordance with the plans prepared by Pyper Leaker

Surveying Services relating to Development Application No. 211/381/2013 (DAC 211/C038/13).

DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: Nil LAND DIVISION CONSENT COUNCIL CONDITIONS: 1. That prior to the issue of Section 51 Clearance to this division approved herein, the existing

buildings shall be removed from proposed Allotment(s) 1, 2 and the Community Land. 2. The residential sole occupancy units (Class 1A – dwellings, townhouses etc & Class 2 –

flats, units, apartments etc) are required to be fire separated in accordance with Part 3.7.1.8 of the BCA, or Appendix F.3 of the South Australian Housing Code.

· Evidence must be submitted to Council to verify compliance with the above (attached is

a form to be completed demonstrating the required compliance); · If the fire separation does not exist, an application for Building Rules Consent under the

Development Act 1993 shall be lodged with Council (or Private Certifier) and Development Approval shall be issued prior to the commencement of building work. A Schedule 19A – Statement of Compliance from the builder (building supervisor), shall be submitted to Council upon completion of the work.

Evidence that fire separation of the units is in place shall be submitted to Council prior to the issue of Section 51 Clearance.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 313 DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: 3. That the financial requirements of the SA Water Corporation shall be met for the provision

of water supply and sewerage services (SA Water H0005849).

The internal drains shall be altered to the satisfaction of the SA Water Corporation. 4. Payment of $19464.00 into the Planning and Development Fund (3 allotment(s) @

$6488.00/allotment). Payment may be made by credit card via the internet at www.edala.sa.govau or by phone (8303 0724), by cheque payable to the Development Assessment Commission marked "Not Negotiable" and sent to GPO Box 1815, Adelaide 5001 or in person, at Level 5, 136 North Terrace, Adelaide.


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.

http://www.edala.sa.govau/

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 315 6.12 9-11 Coral Sea Road, FULHAM Application No. 211/391/2013 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Community Title land division, DAC No. 211/C041/13 -

Create nine (9) additional allotments APPLICANT Township Developments APPLICATION NO 211/391/2013 LODGEMENT DATE 22 April 2013 ZONE Residential Zone POLICY AREA Residential Policy Area 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal


ASSESSING OFFICER Tony Kelly DEVELOPMENT PLAN VERSION

22 November 2012


BACKGROUND

The application was lodged on 22 April 2013. The subject land is located within the Residential Zone and any application resulting in the creation of more than one (1) additional allotment is therefore referred to the Panel for its consideration and determination. PREVIOUS or RELATED APPLICATION(S) DA 211/1262/2010 - Alterations and additions to the existing dwellings (Development Approval granted 13 September 2011).


The subject land is located on the western corner of Coral Sea Road and Halsey Road, has frontages of approximately 44 metres and 47.5 metres to Coral Sea and Halsey Roads respectively, together with a quarter circular corner cut off, and a total area of approximately 2250 square metres. A 4.57 metres wide sewerage easement, set back approximately 3 metres from and parallel to the southern boundary, traverses the site. A single storey residential complex comprising ten (10) units, previously adapted for use for aged accommodation but currently undergoing extensive upgrading works to provide affordable houses, as approved under delegated authority in April 2011, is existing on the land. The locality is characterised by single storey dwellings of varying architectural style and varying allotment sizes. The Airport Over 50's Club, Fulham Sea Scouts and Ashburn Avenue Reserve are diagonally opposite the subject land on the northern side of Coral Sea Road. Australian Retirement Homes Ltd aged accommodation complex is located to the north of the subject land immediately behind the properties fronting Coral Sea Road. The site and locality are shown on the following maps.


The proposal is to convert the existing single Torrens Title allotment into ten (10) Community Title allotments together with 'sub lot' areas (porches, yards and carports) and common land. The plan of the proposal is included in Attachment 1. PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and Residential Zone Procedural Matters under the West Torrens Council Development Plan. ASSESSMENT

The application seeks to convert the existing single Torrens Title allotment to ten Community Title allotments together with associated 'sub lots' and common land. The land use will not change. In essence, the affect of this land division application is merely to create lines on a plan to facilitate separate ownership for the existing improvement on the land. The land division reflects the land use approved in April 2011 as contained in Attachment 2. Council records show that the units have always been separately rated. SUMMARY Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Development Plan Consolidated 22 November 2012 and warrants Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/391/2013 by Township Developments to undertake Community Title land division, DAC No. 211/C041/13 - Create nine (9) additional allotments at 9-11 Coral Sea Road, Fulham (CT 5668/163) subject to the following conditions:

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 320 DEVELOPMENT PLAN CONSENT COUNCIL CONDITIONS: 1. Development is to take place in accordance with the plans prepared by Jeffrey Fudge &

Associates relating to Development Application No. 211/391/2013 (DAC 211/C041/13). LAND DIVISION CONSENT DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: 1. A final plan complying with the requirements for plans as set out in the Manual of Survey

Practice Volume Assessment Commission for Land Division Certificate purposes.

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 329 7. CONFIDENTIAL REPORTS OF MANAGER CITY DEVELOPMENT

Nil 8. SUMMARY OF COURT APPEALS

8.1 Summary of Court Appeals BACKGROUND Monthly statistics are provided for the information of the Panel in relation to: 1. any matters being referred to the Development Assessment Commission (DAC); and 2. any planning appeals before the Environment, Resources and Development Court (ERDC)

and their status. The current status is listed as follows: Matters pending determination by DAC Reason for referral DA number Address Description of development

Section 49 211/1208/2012 Keswick Rail Line Removal of two significant

trees.

Section 49 211/341/2013 West Beach Road, West Beach

Enclose drain & develop a carpark

Section 49 211/86/2013 1-35 Jenkins Street, Cowandilla

Removal of two regulated trees.

Section 49 211/361/2013 55 Malurus Avenue, Lockleys

Pre-school facility

Section 49 211/295/2013 93A Ashley Street, Torrensville

Removal of two regulated trees.

Section 49 211/412/2013 217 Railway Terrace, Keswick Terminal

Land division, one additional allotment

DEVELOPMENT ASSESSMENT PANEL 11 June 2013 Page 330 Development Application appeals before the ERDC DA Number Address Reason for Appeal Description of

Development Status

211/876/2012 50 Torrens Avenue, Lockleys

Applicant appealed DAP refusal

Construction of carport (forward of dwelling)

Hearing date set 27 June 2013

211/1309/2012 30 White Avenue, Lockleys


Construction of three dwellings

Preliminary conference 24 June 2013

211/749/2012 11 McLachlan Avenue, Glenelg North


Construction of two dwellings

Appellant withdrew appeal

NOTE: Italics above indicate updated information. SUMMARY The information requested by the Panel has been provided for information purposes. RECOMMENDATION The Development Assessment Panel receive and note the information. 9. MEETING CLOSE

notice of panel meeting · notice of panel meeting notice is hereby given in accordance with...

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