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Development Assessment Commission
21 January 2016
1
AGENDA ITEM 3.1
Simon Cross c/- Alexander Symonds
Land division – 1 into 832
Allotment 2 Andrew Road, Andrews Farm
292/D093/14
TABLE OF CONTENTS
PAGE NO
AGENDA REPORT 2-13
ATTACHMENTS
1: DEVELOPMENT PLAN PROVISIONS 14-23
2: PLANS, PHOTOS & DIAGRAMS 24-36
3: APPLICATION & PLANS
a. MasterPlan
37-78
4: AGENCY COMMENTS 79-91
5: COUNCIL REPORT 92-112
6: ADDITIONAL INFORMATION 113-124
Development Assessment Commission
21 January 2016
2
AGENDA ITEM 3.1
OVERVIEW
Application No 292/D093/14
Unique ID/KNET ID EDALA ID 48906, KNET ID 2015/17457/01
Applicant Simon Cross c/- Alexander Symonds
Proposal Land division – 1 into 832
Subject Land Allotment 2 Andrews Road, Andrews Farm
Zone/Policy Area Suburban Neighbourhood Zone
Relevant Authority City of Playford, DAC Concurrence Schedule 8 (5)(2)
Lodgement Date 21 October 2014
Council City of Playford
Development Plan Consolidated 20 March 2014
Type of Development Merit
Public Notification Category 2
Representations No
Referral Agencies State Heritage Unit, EPA, DPTI Transport Services Division, SA
Water
Report Author Laura Kerber, Senior Project Officer
RECOMMENDATION CONCUR
EXECUTIVE SUMMARY
The proposal is for a land division (1 into 832) and associated roads and stormwater
infrastructure to be delivered in 21 stages over 8-10 years. The subject site is adjacent
the Northern Expressway and comprises a State Heritage Place (two munitions bunker
buildings and associated embankments).
The subject site was rezoned to Suburban Neighbourhood as part of the Playford Urban
Growth Areas Development Plan Amendment approved on 30 January 2014 and is
earmarked for residential development in the Playford Council Development Plan.
This application has been referred to the Development Assessment Commission for
concurrence pursuant to Regulation 25 and Schedule 8 (5)(2) of the Development
Regulations 2008 as Council has not adopted the recommendations made by State
Heritage Unit. State Heritage Unit has advised that Stage 20 of the proposal will have an
adverse impact on the State Heritage Place by creating an inappropriate physical barrier
between the two buildings.
The State Heritage buildings have been incorporated as features into the open space
network of the subdivision. The applicant intends to utilise the buildings for a community
purpose, subject to a future development application. Whilst the proposal seeks to
maintain a line of site between the two buildings, it is difficult to maintain a true ‘open
setting’ without compromising other aspects of the proposal such as landscaping,
amenity, stormwater management and road design. The heritage impact has also been
considered in the policy context, which envisages residential development on this site.
On balance, it is considered the proposal provides an acceptable outcome in terms of
heritage impact, infrastructure requirements, urban design, and the intended use of the
subject site. It is recommended that the Commission concur with Council’s
recommendation to grant development plan consent, however Council should be
encouraged to incorporate the standard notes provided by EPA and State Heritage Unit.
In all other aspects Council has undertaken the correct public notification process and
has made a fair reasonable assessment of the application against the relevant provisions
of the City of Playford Development Plan consolidated 20 March 2014.
Development Assessment Commission
21 January 2016
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AGENDA ITEM 3.1
ASSESSMENT REPORT
1. BACKGROUND
Strategic Context
The subject site was rezoned to Suburban Neighbourhood Zone as part of the Playford
Urban Growth Areas Development Plan Amendment approved on 30 January 2014. The
subject site is earmarked for residential development in Concept Plan Map Play/37 and
40 within the Playford Council Development Consolidated 20 March 2014.
This DPA represented Part 2 approval of the DPA relating to those parts of the Playford
North Extension Growth Areas where infrastructure agreements to allow rezoning had
been finalised.
2. DESCRIPTION OF PROPOSAL
Application details are contained in the ATTACHMENTS.
The proposal is for a land division – 1 into 832, to create a residential subdivision known
as MacDonald Park. The land division will be delivered in 21 stages, generally moving
from north to south across the site. The land division application will not deliver the
complete MacDonald Park Master Plan; the lower portion of Allotment 2 will remain
undeveloped until such time as a future development application is lodged.
The residential allotments are arranged around a central road and reserve spine which
runs north-south through the subject site, roughly dissecting it in half. A State Heritage
Place (comprising two buildings) is located at the southern end of the land division
proposal, and will be impacted by Stage 20 and 21 of the land division. The Applicant
has indicated that the project is expected to take 8-10 years to deliver.
Allotments range in size from 240m² with 8m frontages to 540m² with 18m frontages for
detached dwellings, and from 144m² with a 4.8m frontage to 204m² with a 6.8m
frontage for row and semi-detached dwellings. The land division is expected to deliver a
net density in excess of 25 dwellings per hectare.
The allotments adjacent the Northern Expressway will incorporate a 4.5 metre high
acoustic wall and possibly an earthen mound with landscaping. These allotments will be
7 metres deeper to allow for the mounding option. The proposal also includes the
delivery of associated infrastructure including roads and stormwater management.
Future development of the southern portion of the site is earmarked to include a
recreational reserve comprising multi-purpose playing fields which will serve as a
catchment area for peak/flood stormwater flows.
This application has been referred to the Development Assessment Commission for
concurrence pursuant to Regulation 25 and Schedule 8 (5)(1) and (2) of the
Development Regulations 2008: (1) Other than development to be undertaken in accordance with a Heritage Agreement under
the Heritage Places Act 1993 or in a River Murray Protection Area under the River Murray Act 2003, development which directly affects a State heritage place, or development which in the opinion of the relevant authority materially affects the context within which the
State heritage place is situated
(2) Development where a consent or approval proposed by a council as a relevant authority in relation to the development does not totally adopt the recommendation or any condition proposed in a report forwarded by the Minister under subclause (1)
Development Assessment Commission
21 January 2016
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AGENDA ITEM 3.1
In line with the current (interim) delegations dated 7 December 2015, the power to grant
or deny heritage concurrence sits with the Presiding Member, Development Assessment
Commission; hence the application cannot be dealt with under delegation. In order to
give the Council and the State Heritage Unit the opportunity to address DAC, the matter
has been referred to DAC for decision.
3. SITE AND LOCALITY
3.1 Site Description
The site consists of one allotment, described as follows:
Lot No Section Street Suburb Hundred Title
Reference A2 - Andrews Road Andrews Farm Munno Para CT 6035/395
The subject site is an irregular shaped allotment of 70.27ha bounded by Curtis Road
to the north, Andrews Road to the east, and the Northern Expressway to the west.
Vegetation on the site is limited to an avenue of trees along the Andrews Road
boundary, which includes numerous Regulated and Significant trees, as well as a
cluster of trees and shrubs to the west of the Davoren Road / Andrews Road
intersection. The remainder of the site is cleared. Council advises that the site was
previously used for horticultural purposes but has remained unused since the land
was excised from a larger allotment as a result of the Northern Expressway
construction.
The subject site is relatively flat with a gradual fall from north to south. There is a
small ridgeline running along the eastern flank and the Applicant has advised that
stormwater naturally runs down the middle of the site.
Two (2) ex munitions bunkers, identified as Building No 29 and 33, are located on the
site. These buildings are State Heritage Places and form part of the Smithfield
Magazine Area.
3.2 Locality
The locality is characterised by a mixture of primary production and low density
residential land uses. The subject site abuts the residential subdivision of Andrews
Farm to the east. The majority of allotments to the east of Andrews Road are
orientated east, with their rear fences facing Andrews Road. Dwellings in the locality
are primarily single storey detached dwellings constructed during the 1990s and later.
There are also nine dwellings to the west of Andrews Road which were constructed
earlier (70s or 80s).
To the north and south of the subject site are vineyards although these areas are also
part of the land rezoned to Suburban Neighbourhood through the Northern Growth
Areas DPA.
Council considers that the locality does not extend to the west of the Northern
Expressway, as the expressway creates a marked barrier between the rural living and
primary production land uses to the west and residential land uses to the east.
Development Assessment Commission
21 January 2016
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AGENDA ITEM 3.1
Figure 1 – Locality
4. COUNCIL REPORT
4.1 City of Playford
The Council Officer report to the City of Playford Development Assessment Panel
(19 October 2015) was prepared by a qualified planner, Jordan Leverington.
The application was correctly categorised as a merit form of development, being
neither complying nor non-complying pursuant to the provisions of the Suburban
Neighbourhood Zone and the Development Regulations 2008. Public notification is
discussed in Section 6 below. The application was referred to all required agencies
pursuant to Schedule 8 of the Development Regulations 2008. Agency responses are
detailed in Section 5 below.
Council has assessed the application against the relevant provisions of the
Development Plan. The key planning issues considered by Council were:
Whether the proposed allotments are suitable for their intended use.
Development Assessment Commission
21 January 2016
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AGENDA ITEM 3.1
Whether the application will have a detrimental impact on the desired and existing
character and amenity of the locality.
Whether the application is consistent with the various concept plans in the
Development Plan.
Council is satisfied that the proposal creates a range of allotments types to
accommodate various dwelling forms with an appropriate net density. The allotments
are suitable for their intended purpose in terms of size, orientation, access, and
proximity to public open space.
The land division is expected to alter the existing land use and amenity of the locality
from primary production to residential as sought through the Playford North DPA and
reflected in the Suburban Neighbourhood Zone provisions. The land division
incorporates a network of public open spaces including recreational facilities, wetlands
and shared paths. These open spaces will feature the State Heritage Place bunkers
and may include information signage, artwork, water features, decking, and BBQ and
picnic facilities.
The proposal has been developed to reflect Concept Plan Map Play/37 and Play/40
which set out the desired layout of the Playford North Growth Area. With Council’s
support the proposed recreational area has been relocated closer to Andrews Road.
On balance Council is satisfied that the proposal contributes to the objectives of the
Suburban Neighbourhood Zone. The infrastructure requirements have been
appropriately dealt with and the proposed allotments are suitable for their intended
use. Council is satisfied that the issues of heritage impact, contamination risk and
noise amelioration are acceptable in terms of impact and management.
The conditions proposed by Council relate to the protection of trees and assessment
of site contamination. The conditions are considered to be fair and reasonable.
5. STATUTORY REFERRAL BODY COMMENTS
Referral responses are contained in the ATTACHMENTS.
5.1 State Heritage Unit, DEWNR
State Heritage Unit is a mandatory referral body in accordance with Schedule 8(5)(1)
of the Development Regulations 2008. The Commission must have regard to this
advice.
The State Heritage Unit advice dated 19 August 2015 states that the State Heritage
listed munitions bunkers were selected from a much larger group of such buildings to
be representative of the group, most of which have subsequently been demolished.
Their context, open setting and the distance that they are set apart from each other
(to prevent a chain of explosions) are identified by State Heritage Unit as being of
high significance as a State heritage place (19/08/15, pg1).
State Heritage Unit has advised that Stage 20 of the proposal will have an adverse
impact on the heritage values of the State Heritage Places. The development will
create an inappropriate physical barrier between the two buildings once dwellings,
landscaping and fencing are constructed. State Heritage Unit is seeking that the
buildings be kept in a greater open context and be read as a pair (19/08/15, pg2).
Further, the landscaping plan does not show the blast embankments that surround
the larger bunker, nor how the embankments will be accommodated in future stages
of the development.
Development Assessment Commission
21 January 2016
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AGENDA ITEM 3.1
The recommended notes provided by State Heritage Unit have not been adopted by
Council.
Building No 29
Building No 33
Development Assessment Commission
21 January 2016
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AGENDA ITEM 3.1
5.2 Safety and Services Division, DPTI
The Commissioner for Highways is a mandatory referral body in accordance with
Schedule 8 (3) of the Development Regulations 2008. The Commission must have
regard to this advice.
The subject land is covered by a Social Infrastructure Deed, a Road Infrastructure
Deed, and a Stormwater Management Deed. The Stormwater Management Deed is
currently in interim form and DPTI has expressed concern that it provides insufficient
information. Notwithstanding DPTI’s concern, the interim deed allows the applicant
to develop up to 4 ha of the subject site, being stages 1-5, on the understanding that
additional works may be required in the future pending the resolution of the final
Stormwater Management Deed.
With regard to the site’s proximity to the Northern Expressway, DPTI has
recommended that consideration be given to creating a continuous strip allotment
dedicated for noise attenuation. This will ensure that the allotments abutting the
expressway have no potential means for legal access to/from the expressway. This
recommendation has not been adopted by Council.
5.3 Environment Protection Authority
The Environment Protection Authority (EPA) is a mandatory referral body in
accordance with Schedule 8 (10b) of the Development Regulations 2008. The
Commission must have regard to this advice.
The two key issues raised by EPA in their revised comments dated 2 September 2015
are as follows:
The potential for site contamination: the subject site is listed in Overlay Map
Play/15 Development Constraints as being a site with potential contamination.
EPA recommends that a full audit be conducted on the whole site.
Noise impact from the Northern Expressway: an amended acoustic report and
treatment should be supplied to ensure that outdoor ambient noise is below
52dB.
Modelling provided by the Applicant’s engineers demonstrates that, once developed, a
4m high acoustic wall will sufficiently ameliorate noise impact such that only the
allotments immediately adjacent the Northern Expressway will experience an outdoor
ambient noise level greater than 52dB. Dwellings immediately adjacent the
expressway will be constructed in accordance Minister’s Specification SA 78B which
specifies construction requirements for the control of external sound through glazing,
insulation and other relevant treatments. This is considered to be reasonable given
the location of the subject site adjacent a major highway.
With regard to potential site contamination, the applicant has asserted that a full site
audit is not required at this stage. The northern portion of the subject site, being
proposed stages 1-5 of the development, has been tested with no contamination
found to exceed the allowable levels. This portion of the site is considered to be low
risk and suitable for residential development. The remainder of the subject site,
being proposed stages 6-21 of the development, requires further investigation as
asbestos fragments have been identified. To address this matter, Council has
proposed a Reserve Matter that precludes the development of stages 6-21 pending an
EPA approved audit and any associated remedial works.
Development Assessment Commission
21 January 2016
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AGENDA ITEM 3.1
5.4 SA Water
SA Water is a mandatory referral body in accordance with Section 33 of the
Development Act 1993.
SA Water has advised:
The financial requirements of SA Water shall be met for the provision of water
supply and sewerage services.
The augmentation requirements of SA Water shall be met.
The necessary easements shall be vested to SA Water.
The developer will be required to augment existing system for water and
sewer - exact requirements will require detailed staging plan and
investigation.
These requirements have not been reflected as conditions of approval or notes in
Council’s recommendation.
6. PUBLIC NOTIFICATION
The application was notified as a Category 2 development pursuant to Schedule 9 Part 2
(21) of the Development Regulations 2008, as the division of land will, in the opinion of
the relevant authority, change the nature or function of an existing road.
Public notification was undertaken by Council by directly contacting 58 adjoining owners
and occupiers of the land and no representations were received.
7. POLICY OVERVIEW
The subject site is within the Suburban Neighbourhood Zone described within the City of
Playford Development Plan Consolidated 20 March 2014. Relevant planning policies are
contained in Appendix One and summarised below.
Figure 3 – Zoning Map
Development Assessment Commission
21 January 2016
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AGENDA ITEM 3.1
7.1 Zone
The Suburban Neighbourhood Zone is for low and medium density residential
development comprising a range of dwelling types. Residential neighbourhoods
should support the theme of walkable communities and be designed to create active
public spaces. The public realm should provide interest through landscaping, surface
treatments, street furniture and building design. Residential neighbourhoods should
be located adjacent activity centres that provide a range of retail, education and
community services.
Diversity in housing type should be facilitated through innovative land division layouts
and access arrangements that cater for a variety of household sizes and preferences.
Average residential density should be 20-35 dwellings per hectare.
Residential development in the Playford North area, abutting the Northern
Expressway will require a noise barrier to provide a reasonable level of amenity for
residents.
The subject site is identified as an area of potential site contamination on Maps
Play/4, 15 and 16 due to the use of the land as a former munitions dump.
Development should be in accordance with Concept Plan Map Play/37 & Map Play/40
– Playford North Urban Growth Area.
7.2 Council Wide
The Council-wide provisions of the Development Plan provide guidance in respect of
site contamination, hazards (flooding), provision of infrastructure, land division, open
space and recreation, orderly and sustainable development, and transportation and
access.
The development plan seeks land division that occurs in an orderly sequence and
facilitates the intended land uses for the zone. Development should create safe,
convenient and pleasant places in which to live, incorporating a network of parks,
reserves and areas for active and passive recreation. Land division design should
have regard for, and existing site features, adjacent land uses, and transport
networks, and be serviced with all necessary infrastructure. Land division should not
occur where site contamination has occurred unless the site has been assessed and
remediated as needed.
The division of land containing a State Heritage Place should reinforce the integrity
and character of the surrounding area. Allotment layout should provide sufficient
curtilage for a State Heritage Place; allow for landscaping; and allow for the
appropriate siting or setback of new buildings to minimise impact to adjacent State
Heritage places.
7.3 Overlays
7.3.1 Affordable Housing
The site is located within the designated area in Overlay Map Play/15
Affordable Housing.
7.3.2 Noise and Air Emissions
This site is located within the designated area in Overlay Map Play/15 Noise
and Air Emissions, and as such requires assessment against Minister’s
Development Assessment Commission
21 January 2016
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AGENDA ITEM 3.1
Specification SA 78B for Construction Requirements for the Control of External
Sound.
7.3.3 Strategic Transport Routes
The subject site is adjacent the Northern Expressway which is identified in
Overlay Map Play/15 as a Strategic Transport Route and the subject site is
located within a Strategic Transport Route Designated Area.
7.3.4 Development Constraints
The subject site is listed in Overlay Map Play/15 Development Constraints as a
site with potential contamination.
7.3.5 Heritage
As noted, the subject site contains a State Heritage Place, being two ex
munitions bunkers.
8. PLANNING ASSESSMENT
This application has been referred to the Development Assessment Commission for
concurrence as Council has not adopted the recommendations made by State Heritage
Unit. This planning assessment therefore should primarily concern the matter of State
significance, being the impact on the State Heritage listed ex munitions bunkers (Building
No 29 and 33).
The State Heritage Unit’s position as detailed in section 5.1 above is that the construction
of Stage 20 of the development will adversely affect the heritage values of the State
Heritage Place by creating an inappropriate physical barrier between the two buildings
and impacting on their open context.
The Applicant intends to retain and adapt the bunkers for community use. The intention
is for the bunkers to be cleaned, re-roofed and refurbished/repaired as necessary,
however this is not part of the current application. Any future works for the repair
and/or adaptation of the bunkers will require separate development approval. Such an
approval process will necessitate a mandatory referral to State Heritage Unit.
The Applicant has engaged a landscape architect (Oxigen) to incorporate the bunkers as
features into the public open space. The landscape master plan suggests that whilst the
buildings will remain within line of sight of each other, the view will be obscured by
landscaping, trees and other public realm elements. These elements play an important
role in creating pleasant public spaces and contribute to the general amenity of the
subdivision.
Council considers that the proposed integration of the bunkers into the public open
space, with proposed reuse as community facilities, is of greater benefit to the
community than to increase the open space around the each structure. It will result in a
greater level of interaction and appreciation of the State Heritage Place than is currently
the case and is also likely to result in repair and ongoing maintenance to the bunkers
which will ensure their longevity. It is noted that the blast embankments surrounding
the bunkers are included as part of the State Heritage listing and there is no proposal at
this stage for them to be removed.
In addition to the location of the State Heritage Place, the Applicant has advised that the
subdivision layout has been influenced by several factors, the most crucial being
Development Assessment Commission
21 January 2016
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AGENDA ITEM 3.1
stormwater and traffic management requirements. Stormwater naturally runs down the
centre of the site from north to south and as a result the subdivision design has been
driven by the requirement to manage all stormwater through a central reserve.
Similarly, the road network design has been driven by the shape of the subject site; the
need to create a spinal collector road that feeds into Curtis Road; and the future
development of the recreational reserve in the southern portion of the site.
The Applicant purports that the constraints on the site associated with stormwater and
traffic management mean that the central linear reserve and road network cannot easily
be redesigned to provide less separation between the bunkers. Maintaining a completely
open context for the two bunkers would necessitate a realignment of the central road,
removal of housing allotments, and potentially a reduction of landscaping and
stormwater detention features.
The reality, however, is that existing open rural context of the subject site will not be
retained by virtue of its rezoning to Suburban Neighbourhood Zones through the Playford
Urban Growth Areas Development Plan Amendment.
9. CONCLUSION
There are competing interests for this land in terms of its zoning; infrastructure and
design requirements; and the State Heritage listed bunkers. There is some tension
between the objective of the Playford Urban Growth Areas Development Plan Amendment
to facilitate residential development on this site, and the importance of maintaining an
open context between the two bunkers.
On balance, it is considered that the proposal provides an acceptable outcome for these
competing interests. Whilst there will be some level of impact to the setting of the State
Heritage Place, a true ‘open context’ between the bunkers is not achievable without
removing landscaping, redesigning the infrastructure needs of the development, and
compromising on allotment yield (and overall project economics for the Applicant).
In all other respects Council has undertaken a fair and reasonable assessment of the
application against the relevant provisions of the City of Playford Development Plan
Consolidated 20 March 2014. Council has correctly categorised the application,
undertaken the necessary public notification process, and collected the required fees. It
is noted that whilst Council has undertaken all the necessary referrals to State agencies,
the recommendations and/or notes recommended by EPA, SA Water and State Heritage
Unit have not been reflected in Council’s recommended conditions. It is recommended
that the standard notes provided by State agencies be included in the decision. This will
be communicated to Council should the Commission be of a mind to concur with the
proposal.
10. RECOMMENDATION
It is recommended that the Development Assessment Commission:
1) RESOLVE that the proposed development is NOT seriously at variance with the
policies in the Development Plan.
2) RESOLVE that the Development Assessment Commission CONCUR with the
recommendation by the City of Playford’s Development Assessment Panel to grant
Development Plan Consent to the proposal by Alexander Symonds Pty Ltd to
divide of one allotment into 832 allotments (in 21 stages) and the construction of
an acoustic wall and associated infrastructure at Lot 2 Andrews Road, Andrews
Farm, as detailed in Development Application No. 292/D093/14 with Reserve
Development Assessment Commission
21 January 2016
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AGENDA ITEM 3.1
Matter and conditions as proposed, and subject to the inclusion of advisory notes
as recommended by the EPA, SA Water and State Heritage Unit.
LAURA KERBER
SENIOR PROJECT OFFICER
DEVELOPMENT DIVISION
DEPARTMENT OF PLANNING, TRANSPORT and INFRASTRUCTURE