Development Assessment Panel Thursday, 23 April 2015 at ......City of Onkaparinga Development Assessment Panel 23 April 2015 5 freeing up the existing car park for patients visiting

City of Onkaparinga Development Assessment Panel 23 April 2015

1

Development Assessment Panel

Thursday, 23 April 2015 at 7pm

Council Offices Noarlunga Centre

Panel members Bill Chandler, Presiding Member

: Greg Olbrich

Judith Urquhart

: Grant Halstead

Bill Jamieson

: Debra Arnold

Darryl Parslow

Officers :

Renée Mitchell, Manager Development Services Clare Wright, Senior Development Officer (Planning) Alex Wilkinson, Senior Development Officer (Planning) Michael Gachet, Development Officer (Planning)

:

1. Opening of meeting and apologies 2

2. Minutes of previous meeting held 9 April 2015 2

3. Items for hearing and a decision 3

3.1 145/3064/2014 Neami National 3

3.2 145/1464/2014 L and C Dillon 85

3.3 145/124/2015 Evoque Developments 124

4. Items for decision only 210

5. Outstanding matters - (appeals and deferred items) 210

5.1 Deferred Items (information only) 210

5.2 Appeal Items (information only) 210

6. Other business 211

6.1 Matters for referral 211

6.2 145/1829/2012 Woolcock Engineering Pty Ltd (Information Report) 212

7. Closure 240


2

1. Opening of meeting and apologies

2. Minutes of previous meeting held 9 April 2015


3

3. Items for hearing and a decision

3.1 145/3064/2014 Neami National

Proposal Conversion of five existing dwellings (Units 2, 3, 4, 5 and 6) to supported accommodation for short-term crisis respite care with associated on-site car parking

Address 13 Tretter Street, Morphett Vale

Zone/Policy Area Residential/Medium Density Policy Area

Assessment type Merit

Public notification Category 3

Representors to be heard

Barry Smith Debbie-Lee Butler

Referrals Technical Services Environmental Health

Recommendation: Approval

Report author Clare Wright, Senior Development Officer (Planning) Phone: 8384 0748 Email: [email protected]

1. Summary of proposal

1.1. Assessment report information

1.1.1. Appendix 1 – Aerial locality map

1.1.2. Appendix 2 – Detailed planning assessment

Please note that due to federal copyright law restrictions, attachments associated with the proposed development are available on our website for viewing only and are locked for printing or copying.

1.2. Documentation provided as attachments to the report:

1.2.1. Plans and supporting documents

1.2.2. Representations received

1.2.3. Applicant’s response to representations

1.3. Description of proposal

The subject site is currently occupied by nine two storey dwellings with carports.

The applicant proposes to convert five of the existing dwellings (Units 2, 3, 4, 5, and 6) to supported accommodation for short-term crisis respite care for up to seven days with associated on-site car parking.


4

The five two storey dwellings each comprise a lounge, dining area, kitchen, two bedrooms and ancillary bathroom and laundry facilities. Each dwelling is also provided with a dedicated single, free-standing carport and a rear private open space area. Construction of all nine dwellings has recently been completed and they are now ready for occupancy. The remaining four dwellings will be used as standard residential dwellings for private lease or rent. It is the conversion of land use that is the subject of this application.

The application concerns the provision of a voluntary respite service which will assist individuals who need time out from their usual circumstances and day to day life pressures. These clients do not require hospital or intensive psychiatric assistance. This support will be low level for participants to be accommodated for up to a maximum of seven days on a 24 hour basis, 7 days a week. As all dwellings have recently been constructed, no further structural alterations, internally or externally, to the buildings are proposed.

It is proposed that two qualified staff members will be available on-site between the hours of 7.00am to 11.00pm each day. One member of staff will be active and the other will be passive (on-site but sleeping). A service manager (care taker) will also reside on the site at all times. It is also proposed that all clients will be brought to the support accommodation by a clinician or mental health worker and will not drive themselves to the facility.

As each dwelling comprises two bedrooms, the service manager and/or clinicians will reside in one of the dwellings and the remaining four dwellings will be utilised for respite care. A total of eight respite care beds are proposed and the maximum number of staff on-site will be three.

1.4. Background

Neami National has entered into an agreement with the developer of the dwellings to lease the five buildings commencing 17 November 2014 until 30 June 2016. It is anticipated that this lease may also be extended beyond June 2016 dependent on further government funding.

Neami National is a national community based recovery and rehabilitation service that operates with minimal funding providing support for people living with mental illness and psychiatric disability. The service has recently been awarded a new service contract with SA Health to deliver residential and home based crisis respite care and therefore has sought appropriate independent residential accommodation within the community for this use.

In July 2013 an application for the construction of four residential flat buildings comprising nine dwellings was granted development approval. These dwellings have subsequently been constructed and site works including the final landscaping and painting is nearing completion.

The subject site also abuts a stand-alone car park located on a separate allotment to the east. In March 2000, the application for the construction of the car park was granted development approval. The car park was proposed by the owners/developers of the sites located on the opposite side of Tretter Street and fronting Main South Road. These sites currently comprise a number of medical consulting rooms and services including a sports medical clinic, dental centre and other allied health professionals. The car park was constructed to address and help alleviate the car parking shortfall being experienced at this nearby medical centre and to cater for the overflow of staff and service delivery vehicles, thus


5

freeing up the existing car park for patients visiting the medical consulting rooms. This site does not form part of this application.

Since the development approval of the car park, a land division application was subsequently approved in April 2002. This was for the creation of the extension of Tretter Street servicing a new community title housing development and incorporated the division of land for two existing allotments into four allotments. This created the housing development to the rear of the subject land located immediately to the west. The land division application also created a 6.0 metre wide access driveway via creation of a right of way and is located along the northern boundary serving these dwellings which have been developed as a community title development.

Since these approvals, a number of other development applications have been submitted for the vacant allotments, situated mid-way between the medical centre buildings (215 and 217 Main South Road and 16 Tretter Street) for a variety of land uses, including a motor cycle showroom, offices, sales and storage and the servicing of motor vehicles with undercroft parking. More recently, a development application has been submitted for the construction of a new child care centre with associated on-site car parking at 215 and 217 Main South Road only. This application is yet to be determined by council.

2. Site details

2.1. Subject land

The subject land is located at 13 Tretter Street, Morphett Vale as identified in Certificate of Title Volume 5893 and Folio 114. The land is predominantly „square‟ in shape with a frontage to Tretter Street of 53.68m and contains 9 dwellings with free-standing carports. An existing sewerage easement, 3.0m in width, is located along the southern property boundary with the 6.0m wide sealed bitumen driveway, registered as a right of way on the Certificate of Title, extending along the northern property boundary and providing access to the free-standing carports and the adjacent community title residential development sited immediately to the west.

2.2. Locality

The immediate locality surrounding the subject land is characterised predominantly by medium density housing developments immediately to the north, south and west of the subject site. The site is situated within the Residential Zone and Medium Density Policy Area 40. This residential development is generally of a higher density form than the existing development extending beyond these allotments. Lower density development containing predominantly single dwellings on single allotments forms the character as the locality widens.

Immediately to the east of the subject land, the site adjoins a District Centre Zone which has actively promoted medical consulting rooms and health service developments and which are serviced by an integrated car parking area with landscaping accessed via Tretter Street. There is also an existing bitumen car park located on Tretter Street, which caters for the overflow of staff parking demands. The three vacant allotments situated across the road from this car park on Tretter Street also have direct road frontage to Main South Road, and remain undeveloped at this stage.


6

The District Centre Zone straddles Main South Road and extends southwards along the road corridor from the intersection of O‟Sullivan Beach Road and Bains Road to the Flaxmill Road and Wheatsheaf Road intersection.

It is important to note that the subject land is also situated at the eastern periphery of the Residential Zone, adjacent to the District Centre Zone and clearly mixed use in character. There are a large number of non-residential, higher traffic generating land uses having direct frontage to Main South Road. This is also the primary route for public transport services in the locality.

Type Merit

Applicant appeal opportunity Yes

Development Plan version Consolidation date 14 August 2014

3. Public notification

Category Category 3

Reason Section 38(2)(c) of the Development Act 1993

Representations to be heard Mr Barry Smith 18 Drumborg Court, Woodcroft - Also speaking on behalf of five owners of dwellings at 11 Tretter Street, Morphett Vale Debbie-Lee Butler 7 Whistlers Ave, Aldinga Beach - owner of Unit 4/15 Tretter Street, Morphett Vale

Representations not being heard

Mr Lachlan Day 9 Jersey Rd, Happy Valley R Leitner 18/15 Tretter Street, Morphett Vale Roseanna Clark 11/2 St Annes Tce, Glenelg North

Third party appeal opportunity

Yes


7

4. Referrals

4.1. Internal referrals

4.1.1. Technical Services

The proposed development was referred to the Technical Services Team to assess vehicle movements for emergency service vehicles to access the site. It was determined that access and parking needs comply with current standards and the existing access remains unaltered, also catering for emergency service vehicles.

A stormwater management plan was previously supported at the initial development stage for the construction of the nine dwellings. No substantial changes are required.

4.1.2. Environmental Health

The proposed land use and conversion of the independent dwellings to supported accommodation was reviewed against current Environmental Health legislation and the definition and licensing provisions as a “supported residential facility”. As no medications will be prescribed by support staff and no assistance is provided for personal care services over the short-term length of stay, separate licensing as a “supported residential facility” would not be required.

5. Assessment summary

5.1. Land Use

The subject land is located within the Residential Zone, Medium Density Policy Area 40, as identified by the Development Plan.

The overall intent, purpose and desired character of the zone envisages a diverse range of housing options and different residential accommodation that serves the local community, as defined in Principles of Development Control (PDC) 1 for the zone and policy area. General Section Objective 2 for Residential Development particularly offers guidance to the supported nature of accommodation as being envisaged for the whole council area.

Specifically, the Residential Zone is silent on minor supported residential accommodation facilities, being neither anticipated nor discouraged. Other than the above principles and objectives mentioned above, the zone deals mostly with design and siting for new residential development irrespective of the occupier. Therefore, it is clear that this residential type of land use and adaptive re-use of the existing buildings when assessed against the Development Plan is considered reasonable, encompassing ordinary residential activities. Whilst it would differ from the typical residential use of land in that there would be 24 hour monitoring and different people would attend week to week, the proposed land use still has residential characteristics of a similar nature and would be similar in terms of impacts. The only major identifiable difference is the addition of carers and how and where tenants are sourced.

Notwithstanding the relevant provisions of the Development Plan for the zone, there is little mention specifying against its location within the Residential Zone.


8

The scale and density of this development is not undesirable in a typical residential context and has been previously approved by council.

In this instance, being located at the interface of the Residential and District Centre Zones presents more benefits to residents as it is best located with access to convenient high frequency public transport services and is within walking distance to a variety of retail, community and public administration land uses which serve the needs of the wider community.

Of particular note, it is also considered important to consider the adjoining zone‟s desired character and intentions for land use. The District Centre Zone also specifically encourages medium to high residential development representing an overlap of policy intention with a key focus for after-hours use for non-residential activities.

Additionally, General Section, Supported Accommodation PDC 1 provides particular guidance for supported accommodation. The adaptation of the five dwellings in this way is both economic and convenient, and assists in determining the suitability of this form of land use, in that:

residential use is the primary function

it is in close proximity to services located along Main South Road

it is sited to promote interaction with other dwellings while still incorporating sufficient privacy

it is of a scale deemed appropriate (as assessed in the original built form application); and

it includes adequate private open space and immediate access to on-site parking for staff.

5.2. Character

The buildings to which this application applies have been subject to a previous development application for independent residential use. As no significant alterations or additions to the external appearance of each of the five buildings are proposed, the buildings will maintain their existing character. However, under the Building Code of Australia the buildings will change to Class 1B, which requires emergency lighting and smoke alarms in each room. This will not have any impacts upon the built form character within the area.

The overall desired character for this area is for a range of different types of residential accommodation that serves the local community. However, once again, it is also important to consider the nature and policy of the District Centre Zone and the nearby land uses within this area.

This specific locality at the zone interface has quite a different streetscape and character to that of a typical residential area. The impacts of the proposal are different to if the site was located within the middle of a purely residential area. The streetscape of Tretter Street is somewhat blighted by the appearance of the existing open car park areas to the east and by the existing commercial and medical facilities fronting Main South Road. Therefore, the residents of this development, and others nearby, will be affected more so by the impacts created by these non-residential land uses adjoining.


9

Nevertheless, as the site enjoys existing use rights for residential, albeit at a slightly higher scale/intensity, the low impact nature of use of these buildings will not significantly impact on the prevalent character already existing.

5.3. Amenity

Whether the proposed development is consistent with the provisions of the Development Plan that speak to „amenity‟ in residential areas depends largely upon whether the development will result in

an undue increase in noise intrusion into surrounding areas;

an undue increase in traffic that results in localised congestion and

causes road safety issues

the buildings do not maintain a residential character.

Details provided as part of this application outline that the respite care is relatively low level support to clients, supervised by qualified on-site mental health workers and based upon a specific management regime. The crisis respite service is very short term and only provided to those who qualify. It is aimed at assisting persons within the community who are unable to cope with the pressures of day to day budgeting, responsibilities and normal day to day pressures. As the residents of this facility will not arrive via their own vehicle, the anticipated vehicle movements will only be by the staff and carers, which is likely to be less than movements of a typical residential household.

The land use change may incorporate some changes to how the buildings will currently be used, but the potential living arrangements are not dissimilar to the living arrangements between neighbours in residential areas. Suitably managed, the proposal is considered unlikely to have adverse impacts on the amenity and those residing in the locality by reason of noise, traffic or other impacts. The fact that two carers and one manager will be available on-site at all times enforcing house rules, and that residents will only be accommodated on-site for a short period of time, contribute to the proposal being considered acceptable.

The Residential Zone also recognises the potential use of the land for other residential purposes and forms of accommodation, such as tourist accommodation, caravan parks, motels and a hospital. These forms of land use may be prone to generating higher levels of noise and traffic.

Being solely for accommodation purposes, it is not expected that odour, dust, heavy vehicles, traffic fumes or constant noise emissions would be a factor for consideration. Only minor differences in use would exist in terms of vehicle movements to and from the site that would be generated by support staff and family associates. However, the possible increase in the number of people that could be accommodated on the land will be marginal compared with the use of each of the dwellings by a family given the number of beds provided. This is not significant in planning terms.

The most direct provisions relating to amenity are found in the following parts of the General Section of the Development Plan:


10

Orderly and Sustainable Development PDC 1, which specifies that development should not prejudice the development of a zone for its intended purpose

Interface Between Land Uses, Objectives 1 and 2, which refer to development being located and designed to minimise adverse impacts and conflicts between land uses and the protection of community health and amenity from adverse impacts of development

Interface Between Land Uses PDC 1(a) to (h,) in that the development should not detrimentally affect the amenity of the locality by way of unacceptable noise, vibration, light spill, hours of operation and traffic impacts for example

Supported Accommodation Objective 1, which refers to the provision of well designed supported accommodation for community groups with special needs in appropriate locations.

Therefore the function of the proposed use and level of activity remain suited to the Residential Zone and will not conflict with the interface of existing land uses that also exist nearby.

5.4. Supported Accommodation

Minor residential care facilities are defined within the Supported Residential Facilities Act 1992 as premises which, for monetary or other consideration (but whether or not for profit), residential accommodation is provided or offered together with personal care services (other than for immediate family of the proprietor of the facility).

The definition is only for the purposes of the legislation in which it is found. However, the use associated with this application is considered to reflect this definition and supported accommodation within the Development Plan. It is therefore considered necessary to examine those provisions which relate to supported accommodation, as they are most applicable in this instance.

These provisions are found in the following parts of the General Section of the Development Plan:

Supported Accommodation Objective 1 which envisages well designed

accommodation for community groups with special needs in appropriate locations;

Supported Accommodation PDC 1, which specifies supported accommodation being

suitably located within walking distance to shops, health and community services and public and community transport

Sited and designed to promote interaction

Provided with private and public open space

Be designed such that it reflects a residential style and character.

Supported Accommodation PDC 2 refers to supported accommodation being designed to provide safe, secure, attractive, convenient and comfortable living conditions including storage areas and spaces to accommodate social needs and activities.


11

Therefore the proposal demonstrates consistency with the above policy. Being located opposite a District Centre Zone, the nature of use, the existing density of development and the low key operations proposed are considered to achieve a reasonable transition and scale contrast between the predominant residential character to the west and the commercial character of properties fronting Main South Road to the east.

The existing built form is considered to be adequate to meet the needs of the new tenants without impacting on the new tenants that will also occupy the remaining dwellings within the community titled development, namely dwellings 1, 7, 8, and 9.

The proposal also provides sufficient outdoor passive private open space areas at the standard rates for normal dwellings previously approved and deemed acceptable pursuant to the design standards provided in the Development Plan. The courtyards are all of satisfactory area and dimensions that can be used by the participants of each dwelling in a typical household function.

5.5. Car Parking

The relative provisions relating to car parking are found in the following parts of the Development Plan:

General Section Supported Accommodation PDC 4,which relates to

conveniently located car parking spaces suitable for residents, staff, service providers and visitors; and

Table Onka/4, which seeks car parking for supported accommodation to be at a rate of one car park per four beds.

Each building is provided with a dedicated covered parking space providing

a total of five available parking spaces which are all accessed via the existing 6.0m wide right of way located along the northern property boundary. Pursuant to Table Onka/4, only two parking spaces would be required given that the facility will comprise eight beds.

Based on the information provided, three car parking spaces will be occupied by staff vehicles associated with the supported accommodation. Bearing in mind that one parking space will be utilised by the service manager, and two further spaces will be occupied by the nominated on-site supervision staff, the remaining spaces are able to be used by the occasional visitor to the site.

It is also worth noting that all clients will be brought to the accommodation by a clinician or mental health worker and as such, will not have access to a vehicle. Therefore, it is considered that there is ample on-site parking provision.

Whilst it is expected that there will be a number of movements in Tretter

Street associated with the supported accommodation, it is not anticipated that any additional traffic will be created due to the capacity of the dwellings being the same than as if the dwellings were for independent and private living.


12

Some degree of localised traffic will always be anticipated but all residents

on the site, staff or emergency service vehicles are still able to access the site via the existing and previously approved access arrangements. Issues regarding maintenance and upgrade of the existing driveway are required to be resolved by the body corporate reflecting existing arrangements of the community title.

5.6. Noise

Some concerns have been raised by representors concerning noise emanating from the dwellings.

The principal activity is residential in nature and any indirect noise is incidental to the typical residential property throughout the Residential Zone. Being situated on the zone periphery, the site is also indirectly affected by associated traffic noise by use of the nearby parking areas and non-residential uses fronting Main South Road, particularly when operating beyond the standard day time hours which are specifically encouraged within the District Centre Zone.

Any concerns that might be raised as to noise can also be subject to action being taken by the licensee accustomed to dealing with such matters.

5.7. Safety

Reference in the representations as to concerns of safety and security, in particular for residents of the nearby residential development adjacent the site, are not issues restricted by the Development Plan. More indirect principles regarding increased surveillance of public areas are encouraged and any unlawful activity is very much subject to police investigation and action.

5.8. Public Notification

The proposal was determined to be a category 3 development pursuant to Section 38(2)(c) of the Development Act 1993.

Six representations were received during the public notification period and the following issues were raised:

increased traffic congestion

noise

devaluation of properties

reduced safety and security of tenants and home owners adjacent the site

obstruction to existing one way access driveway

limited access for emergency service vehicles

increased maintenance will be required to access common driveway

lack of a risk assessment or impact study

unreasonable density and scale for a residential street


13

The applicant response is summarised as follows:

the eight bedded service facility for respite care is provided in a homelike environment within the community and in close proximity to community facilities

suitably qualified staff will remain on the site at all times

participants will not require acute care and enter the service voluntarily

crisis respite care is an important component of the SA Mental Health System of care, recognised by both the Federal and State governments and providing an additional home based service delivery option

each participant for residential respite is assessed as meeting specific

eligibility criteria and are of low risk, ensuring safety of all in the community

letters of support provided from SA Health Department, Outer Southern Sector Manager (Mr John Strachan), and the local State Member of Parliament (Katrine Hildyard)

reference is made to current planning case law with regard to issues of land values and future re-sale. This has been determined irrelevant in that it is not found in Council‟s Development Plan and is therefore situated outside of the planning system

vehicle movements will be less than if dwellings were occupied by those wishing to rent or purchase by other members of the community

previous assessment for the construction of the dwellings would have considered emergency vehicle access and this is still able to be achieved

a maximum of 3 vehicles will be parked in the 5 allocated parking spaces

a zero tolerance to alcohol and drugs

private open space previously approved as part of the residential

development and deemed appropriate by council

all participants are required to adhere to agreements regarding

behaviour, ensuring community safety.

It is considered that the applicant has provided satisfactory answers to the questions raised by the representors. In the main, the concerns related to the devaluation of nearby properties, the potential risk to safety and security issues that may arise with this development and the lack of on-site parking being able to cater for the potential increased traffic movements.

A traffic engineers report has not been provided. However, it is considered that this is not essential for this development proposal given that the existing buildings have always been approved for residential purposes and it is only the occupiers, being staff and the participants and the shorter term of occupancy that will vary from a typical permanent resident on the site.

The Development Plan does not contain any provisions with which to assess the potential devaluation of neighbouring properties, and such has not been considered within this report.


14

Issues regarding safety and security are briefly discussed in this report, but details provided as part of this application outline that the respite care is extremely low risk and acceptable behaviour is based upon specific management and eligibility criteria.

5.9. Conclusion

The proposed supported accommodation is an envisaged form of development within the Medium Density Policy Area of the Residential Zone. To summarise, the proposal is relatively low key in nature, providing the type of care that is not offered in a hospital or nursing home for example, and is a form of development envisaged and supported within the zone as a means to achieving housing diversity to serve the needs of the community.

The proposal is considered suitable for the following reasons:

the level of activity remains suited to the Residential Zone providing a

scale contrast and transition between the District Centre land uses and lower density housing development

both the Residential Zone and the District Centre Zone list supported accommodation as an envisaged land use

the proposed use bears some resemblance in use to that of a dwelling and will not prejudice the attainment of the key policy objectives for the Residential Zone

there are only minor differences of emphasis in the use and operation of the site with strict house rules imposed to ensure that impacts are minimised

the proposal offers an efficient and economic adaptation of the dwellings

and vice versa

the proposal takes advantage of the location and proximity to services within walking distance of the adjacent District Centre Zone

the proposal is more suited to be located at the zone periphery as it is likely to have a higher pedestrian amenity with reduced car ownership on-site

the existing buildings are not required to be upgraded and have been approved for residential purposes.

Accordingly, and on balance, the proposal is not considered to be seriously at variance with, and sufficiently satisfies the relevant provisions of the Development Plan and warrants Development Plan Consent.

6. Recommendation

It is recommended that the Development Assessment Panel:

1. RESOLVE that the proposed development is not seriously at variance with, and sufficiently satisfies, the provisions of the Development Plan.


15

2. RESOLVE to GRANT Development Plan Consent to development application 145/3064/2014 for the conversion of five existing dwellings (Units 2, 3, 4, 5, and 6) to supported accommodation for short-term crisis respite care with associated on-site car parking at 13 Tretter Street, Morphett Vale, subject to the following conditions and advisory notes:

Conditions

1. The development shall be completed and maintained in accordance with the plans (Sheet Numbers 2-8, Drawing No. 1590/11) and documents submitted with and forming part of the development application, except where varied by the following conditions.

2. That the number of persons residing in the premises of Units 2, 3, 4, 5, and 6 at any time must not exceed eleven (11), comprising of not more than eight participants and not less than 3 staff.

3. That entry to the specific respite short-term crisis care be restricted to the criteria as set out by Neami National Seacliff and that the maximum length of stay per participant not exceed a maximum period of seven days.

4. The area set aside for the parking of vehicles for Units 2 – 6 inclusive, shall be made available for such use and shall not be used for any other purpose.

5. External lighting and security lighting shall be directed in such a manner so as to not, in the opinion of Council, create unreasonable overspill onto any adjoining property or roadway which may create a nuisance to any neighbour or road user.

6. The premises including all buildings, car parking areas and landscaping shall be maintained in good condition at all times to the reasonable satisfaction of Council.

7. The business shall operate within the hours submitted with and the details forming part of the Development Application.

8. No advertising display shall be erected or displayed in the subject land, without the prior consent of Council.

Notes

1. You are further advised that Building Rules consent is required for the application pursuant to the Development Act 1993.

2. Conditions of previous consents continue to apply to the subject land, unless expressly varied by this consent.


16

Appendices to Development Assessment Panel

Development application 145/3064/2014 for Neami National.

1. Aerial Locality Map

Subject Site


17

2. Detailed Planning Assessment

Summary of relevant Development Plan General Section provisions

Supported Accommodation, Housing for Aged Persons and People with Disabilities

Primary Objectives

1 Provision of well designed supported accommodation for community groups with special needs in appropriate locations.

Primary Principles of Development Control

1 Supported accommodation (including nursing homes, hostels, retirement homes, retirement villages, residential care facilities and special accommodation houses) and housing for aged persons and people with disabilities should be: (a) located within walking distance of essential facilities such as convenience shops, health and community services and public and community transport (b) located where on-site movement of residents is not unduly restricted by the slope of the land (c) sited and designed to promote interaction with other sections of the community, without compromising privacy (d) of a scale and appearance that reflects the residential style and character of the locality (e) provided with public and private open space and landscaping.

Objectives

1 - Provision of well designed supported accommodation for community groups with special needs in appropriate locations.

Satisfied – Yes

Previously approved as dwellings, this development offers a suitable adaptation of use serving the community with special needs.

Principles of Development Control

1 - Supported accommodation (including nursing homes, hostels, retirement homes, retirement villages, residential care facilities and special accommodation houses) and housing for aged persons and people with disabilities should be: (a) located within walking distance of essential facilities such as convenience shops, health and community services and public and community transport (b) located where on-site

Satisfied – Yes

The proposal is deemed of a scale that provides a good transition in land use to the adjacent District Centre Zone, but which is relatively low key presenting a homelike nature to the street within easy walking distance of community facilities along Main South Road.

The subject site is appropriately located to satisfy these provisions in that it is located in close proximity to primary public transport routes, caters for sufficient private open space for the participants in excess of current design criteria and it also provides immediate access to private on-site car parking at the rear.

There will be no visual alteration to the current residential appearance of the development when viewed from Tretter Street, which was deemed


18

movement of residents is not unduly restricted by the slope of the land (c) sited and designed to promote interaction with other sections of the community, without compromising privacy (d) of a scale and appearance that reflects the residential style and character of the locality (e) provided with public and private open space and landscaping. 2 - Supported accommodation and housing for aged persons and people with disabilities should be designed to provide safe, secure, attractive, convenient and comfortable living conditions for residents that include: (a) internal communal areas and private spaces (b) usable recreation areas for residents and visitors, including visiting children (c) spaces to accommodate social needs and activities, including social gatherings, internet use, gardening, keeping pets, preparing meals and doing personal laundry (d) storage areas for items such as boats, trailers ,caravans and specialised equipment (e) mail boxes and waste disposal areas within easy walking distance of all units.

appropriate in the original built form application.

The development site has been selected to promote interaction with the community whilst still incorporating sufficient privacy.

Residential Development

Objective of Development Control

Obj 2 – A diverse range of dwelling types and sizes available to cater for changing demographics, particularly smaller household sizes and supported accommodation

Satisfied – Yes

The proposal encourages use of a well located and

specially selected residential development to accommodate the demonstrated increased supported accommodation needs within the broader community.


19

Interface Between Land Uses

Obj 1- Development located and designed to minimise adverse impact and conflict between land uses.

PDC 1 - Development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following: (a) the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants (b) noise (c) vibration (d) electrical interference (e) light spill (f) glare (g) hours of operation

(h) traffic impacts.

Satisfied – Yes

The proposed use bears some resemblance in use to that of dwellings with only minor differences from the traditional dwelling function. It will not prejudice the future intended land uses, character of the locality and existing vacant allotments within both the Residential and District Centre Zones by way of adverse impacts.

The proposal represents a reasonable scale contrast and transition in density between the land uses encouraged by each zone.

Summary of relevant Residential Zone provisions

Primary Objectives:

1 A residential zone comprising a range of dwelling types, including a minimum of 15 per cent affordable housing.

Desired Character

The zone will accommodate an ever more diverse range of housing to meet the needs of the community and will be adaptable to change over time in response to cyclical changes in demographics and household as well as the condition of the housing stock. Older neighbourhoods will undergo progressive change through turnover in population and ageing of existing residents which will generate a need for more housing diversity and adaptability as well as changes in density and in addition to the provision of different services and facilities to complement these changes.

It is essential that all development within the zone establishes and maintains it as an attractive place in which to live and where the residential use of land is the primary function. Non-residential uses will be minor in scale and nature to serve the needs of the local community, or ancillary or incidental to the residential use of the land. Such non-residential uses will only be undertaken in a manner which does not adversely impact upon the amenity of the locality in which it is situated or on residential lifestyle enjoyed by the occupiers of other land within the zone.


20


1 The following forms of development are envisaged in the zone:

▪ affordable housing

▪ domestic outbuilding in association with a dwelling

▪ domestic structure

▪ dwelling

▪ dwelling addition

▪ small scale non-residential use that serves the local community, for example:

- child care facility

- health and welfare service

- open space

- primary and secondary school

- recreation area

- shop, office or consulting room

▪ supported accommodation.

Form and Character

6 Development should not be undertaken unless it is consistent with the desired character for the zone.

Satisfied – Yes

The proposed land use preserves the primary

land use as residential and also contributes to the varying nature of dwelling types within the locality for public or private occupation.

Summary of relevant Policy Area provisions

Primary Objectives: 1 A residential policy area comprising a range of medium-density dwellings, including a minimum of 15 per cent affordable housing, designed to integrate with areas of open space, neighbouring centres or public transport nodes. Desired Character Over time the policy area will be characterised by medium density housing forms to suit the important strategic location of being positioned around activity centres. This will allow for improved community access to areas of the city that benefit from existing public infrastructure investment and allow more residents to take advantage of good access to services and transport. In turn, this medium density form of development will provide a diverse and sustainable form of housing that secures the social and economic benefits of arresting population decline in many of the city‟s older established areas. A noticeable difference between this policy area and other residential areas will be the character established by the application of urban design principles that support high pedestrian amenity. It is important for design features to contribute to a pedestrian-oriented character and enhance community interaction opportunities.


21

Primary Principles of Development Control 1 The following forms of development are envisaged in the policy area: ▪ affordable housing ▪ detached dwelling ▪ domestic outbuilding in association with a dwelling ▪ domestic structure ▪ dwelling addition ▪ group dwelling ▪ pergola in association with a dwelling ▪ residential flat building (buildings between one and three storeys) ▪ row dwelling ▪ semi-detached dwelling ▪ supported accommodation.

Form and Character

2 Development should not be undertaken unless it is consistent

with the desired character for the policy area.

Satisfied - Yes

The proposed development is a form of development envisaged and supported within the zone. It is conveniently located within walking distance of existing community facilities and takes advantage of its proximity to public transport routes along Main South Road and O‟Sullivan Beach Road.


85

3.2 145/1464/2014 L and C Dillon

Proposal Parking of earth moving tipping truck (9 tonnes) and trailer (4.5 tonnes)

Address 5 Edialta Road, Cherry Gardens

Zone/Policy Area Primary Production Zone/Landscape Protection Policy Area




Mr Ian Grimes

Referrals Technical Services


Report author Clare Wright, Senior Development Officer (Planning) Phone: 8384 0748 Email: [email protected]







1.2.1. Plans and supporting documents

1.2.2. Representations received

1.2.3. Applicant’s response to representations

1.2.4. Photographs


The applicant is seeking retrospective approval for the parking of a single earth-moving tip truck (Volvo 2012 FM11) and associated trailer (2011 Barry Stoodley Tipper), both in excess of 3000 kilograms. The tipping truck weighs 9 tonnes with dimensions of 2.4m wide x 6.9m long x 2.65m high and the trailer weighs 4.5 tonnes with dimensions of 2.4m wide x 8.0m long x 2.65m high.


86

The truck and trailer are owned and operated by the applicant for business purposes that are not ancillary to the existing residential or semi-rural use of the land.

Details provided by the applicant confirm that the business performed by the vehicle occurs away from the site, so there will only be two regular vehicle movements each week day with some occasional weekend use, limited to approximately 6 six times per year. The truck will generally leave the property once daily at approximately 6.30am Mondays to Fridays and after 7.00am on a Saturday via the existing northern-most driveway to Edialta Road, arriving at approximately 4.00pm in the afternoon on the applicant‟s return from work.

Both the truck and trailer are proposed to be parked in front of an existing large, previously approved, storage shed located on the subject land which is setback 20m from the northern property boundary and separated from Ackland Hill Road via an existing colorbond boundary fence. The vehicle will be parked/stored on the land between the existing boundary fence and the shed and it is not envisaged that the trailer will be unattached on the site nor will the truck be left idling at any stage. Further information provided confirms the use and specifications of a relatively new Euro 1V compliant engine capacity which is quieter, has lower noise emissions and does not require a warm up idle in the mornings prior to departing the site.

2. Site details

2.1. Subject land

The subject land is located at the south-eastern corner of the junction of both Ackland Hill and Edialta Roads. The allotment is identified in Certificate of Title Volume 5282 Folio 466 and is some 3.5 hectares in area. It is a relatively small rural residential allotment set among allotments with a mix of varying sizes and dimensions. Broadly speaking, allotment areas increase gradually in size to the north, west and east of the subject land. The smaller semi-rural allotments compatible in size with the subject site, extend southwards along Edialta Road.

The site does not have direct vehicular access to Ackland Hill Road. It is bounded by an existing 1.8m high colorbond fence along its northern boundary and access can only be achieved via two existing driveways leading from Edialta Road. One driveway provides sole access to the shed and the second purely serves the dwelling.

The single storey dwelling and storage shed are principally located in the north-western corner of the site, with the remaining area allocated to garden, and limited grazing area. The compacted rubble driveway looping beyond the existing shed provides one-way access for the truck to manoeuvre, enabling it to exit the site in a forward motion.

Located immediately to the east of the property is an existing native bushland corridor extending in a north-south direction.


87

2.2. Locality

The immediate locality is considered to have a high aesthetic value, which is described broadly in the Development Plan as a „highly distinctive area with a rural sense of place‟. This can be attributed to the undulating, semi-rural setting with extensive mature vegetation on nearby land and within the road reserves. A majority of the residential allotments are large in area and in keeping with the provisions in the Development Plan directing development outcomes that support rural living within a „landscape setting of high amenity‟. Land throughout the area is used predominantly for grazing, agistment, horticulture, viticulture and tracts of native vegetation. A strong land use focus on residential development on semi-rural allotments also exists. The locality also comprises the Blackwood Golf Course and the local oval and tennis courts to the east fronting Ackland Hill Road.

Ackland Hill Road appears to be regularly used, being classified as a Distributor Road within the Development Plan. Edialta Road is classified as having local road status within the Development Plan but also provides a suitable thoroughfare for larger vehicles due to its width and construction. It is also apparent that the use of the local roads consists of a mix of domestic, commercial and rural vehicle movements.

The locality is pleasant, but also consists of moderately large outbuildings of an ancillary nature to the predominant rural, grazing and viticultural land uses. The locality is also not directly affected by significant commercial intrusion nearby, other than the community facilities and ancillary club rooms located to the east.

3. Type of assessment

Type Merit


Development Plan version Consolidation date 19 December 2013


Category Category 3


Representations to be heard Mr Ian Grimes, 586 Ackland Hill Road, Cherry Gardens

Representations not being heard Nil

Third party appeal opportunity Yes


88

5. Referrals



No concerns were raised by council’s Traffic and Stormwater Engineers, given the existing nature of the compacted rubble driveway and the utilisation of the existing access driveway. The roads within this part of the council area are designed to cater for all vehicles legally entitled to travel on the road, incorporating those larger vehicles supporting rural activities. The additional vehicle movements proposed of just two per day, are considered minimal.

5.1.2. Environmental Health

No alterations to the existing septic arrangements will be required.


6.1. Land Use

The subject site is zoned Primary Production. As the zone implies, the primary land use and development intent is relatively clear. It is a zone that encourages low intensity primary production land uses, particularly wineries and associated vineyards, orchards, grazing, cropping and a number of rural activities with residential dwellings scattered throughout. Together with the zone, the policy area also encourages the preservation of the open landscape character and protection of the scenic and natural features of this semi-rural area. The zone accommodates a sustainable tourism industry with „value added‟ commercial activities utilising the local rural production. Residential development is secondary to these activities, which may not always protect a high standard of residential amenity in the locality.

The Development Plan also does not rule out non-residential development listing the envisaged forms of development in Zone PDC 1 such as dairy farming, intensive animal keeping and bulk handling and storage facilities. This main provision contemplates development of agricultural industries such as wineries, home based industries and a degree of industrial and commercial land uses through value-adding and processing activities which are small in scale and associated with the primary production within the area.

It may be argued that the proposal for truck parking is inconsistent with the intent for the primary production activities as it is quite clearly commercial in nature and function and the truck is not directly associated with the rural activity. In fact, the subject site is not used for primary production purposes at all, although it has some limited capacity to be used for grazing of stock.

However, in this instance, the parking of this heavy vehicle is largely acceptable. This is due to the large setbacks proposed from nearby dwellings and the fact that it does not involve the use of any other additional productive land that would otherwise be used for primary production activity. This is supported by zone Principle of Development Control 63(b).


89

The number of vehicles is also limited to the parking of just one on the site and given the higher order classification of Ackland Hill Road, which also caters for non-domestic vehicles this is reasonable. Due regard to General Section, Transportation and Access Objective 2(d) and Zone PDC 63 (f) should be noted:

General Section Transportation and Access Objective 2(d):

Development that:

(d) is appropriately located so that it supports and makes best use of existing transport facilities and networks

Zone Principle of Development Control 63:

(f) the capacity of the infrastructure, including roads, is capable of supporting the use without detriment to existing users.

The zone also clearly contemplates low scale industrial and commercial development for bulk storage/packing sheds, warehousing and associated deliveries, provided it has a direct relationship with and supports primary production. All these activities require assessment on their merits. There are many of these land uses that are dispersed throughout the primary production area and many of these activities also require the use of large trucks and trailers or commercial type vehicles similar in size to this proposal. Many of these activities also operate outside of regular business hours, emanate similar noise levels and traverse the immediate local area via the local road network. In this regard, the truck parking is not considered to be seriously at odds with this intent of the zone, despite the fact that the truck is not used for normal domestic purposes incidental to the existing dwelling.

Such a use, therefore, may not be appropriate in a typical residential area or Rural Living Zone, where allotments are smaller, density is higher and vehicle movements are more local order. However, the location of this proposal within a zone that specifically encourages land uses that also utilise various machinery and larger vehicles is deemed appropriate.

6.2. Character

The General Section provisions in the Development Plan for the Interface Between Land Uses provide the most guidance in determining this issue of land use appropriateness and the interface between varying land uses. General Section Objectives 1 and 3, Interface Between Land Uses are the most applicable in this instance. Of note:

Objective 1 envisages that development be designed and located to minimise the adverse impacts and conflict between land uses, and

Objective 3 encourages the protection of desired land uses from the encroachment of incompatible development.

In this instance, the application documents provide an outline of the type of vehicle, operation times and the numbers of vehicles and movements per day. The application also makes mention of the measures undertaken to address impacts on the character, visual amenity and noise. Principle of Development Control 26 of the zone also requires that due regard to rural land production practices including dust generation, noise, chemical spray drift, hours of operation and traffic movement are also considered.


90

Whilst the small scale of the proposal may result in minor dust impacts from the compacted nature of the rubble driveway, the minimal number of vehicle movements and that no mechanical repair of the vehicle on site will occur, it is considered to be reasonably compatible with the provisions including zone PDC 26.

6.3. Amenity

As stated, the overall character of the locality is mixed rural-residential, where amenity levels are relatively high due to the pleasantness of the rural environment. However, it is also likely that this amenity will be marred to some extent, at times, due to dust (vehicle movement and farm activities) and other usual farm related impacts (such as odour, noise, after hours operations, sprays and heavy vehicle machinery etc). This, in turn, may also impact on the amenity of the existing residential properties scattered throughout the locality.

General Section, Interface between Land Uses PDC 1 and zone PDC 42 pertaining to the Primary Production Zone specifically state the following:

General Section, Interface between Land Uses, PDC 1 - Development

should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following:

(a) the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants

(b) noise

(c) vibration

(d) electrical interference

(e) light spill

(f) glare

(g) hours of operation

(h) traffic impacts.

PDC 42 The rural character, comprising natural features and man-made activities, should be preserved by careful siting, design and landscaping of new building development and/or intensive land uses.

Therefore, the main issues relating to this proposal are amenity impacts. Details, particularly to truck parking generally concern the following:

the visual impact/appearance of the parked vehicle

the noise involved in starting and running the vehicle

the times that the truck departs and returns to the property

associated wash down, maintenance and repairs of the vehicle, and

existing road infrastructure.

It is considered that this proposal displays sufficient merit to justify its integration with the rural character of the area and is discussed in more detail below.


91

6.3.1. Visual Appearance

General Section Siting and Visibility Principles 8, 9(a) and Zone Principle 43 have relevance in as much as they seek to preserve open space around the existing buildings, the truck is sited unobtrusively, views are preserved and the natural scenic character of the locality and landscape is maintained.

It is worthy to note that within the primary production areas it is commonplace for other large vehicles (such as trailers, boats, tractors, harvesters and ancillary delivery trucks) to be stored. These may also have a visual impact in some circumstances. However, in this instance, the proposed location for the truck parking is well setback from the road, is comparable in size and scale to the existing storage shed that it is parked adjacent to by way of dimensions and height, and it is well screened by existing vegetation, some purposefully planted along the driveway and within the road reserve. These elements, therefore, make it difficult to see the heavy vehicle from both roads at various vantage points and from adjacent properties.

Whilst the subject vehicle is quite clearly commercial in nature and function, it is evident from the attached photos supplied that the visual amenity of the locality and pleasantness of the immediate area is well preserved and it will not be at odds with the established character. This is reiterated in the following provisions for zone PDCs 41 and 43, and Landscape Protection Policy Area 31, Objectives 1 and 4:

Zone PDC 41 - The appearance of land, buildings and objects should not impair the amenity of the locality in which they are situated.

Zone PDC 43 - Buildings or structures should be sited unobtrusively and be of a character and design which will harmonise with the landscape.

Landscape Protection Policy Area, Objective 1 - Preservation of the natural and rural character and scenic features is required in order to:

(b) limit the visual intrusion of various forms of development within the policy area, particularly when viewed from roads and vantage points.

(c) maintain the lifestyle and amenity of residents within the locality.

Landscape Protection Policy Area, Objective 4 - An area in which the semi-rural landscape character is preserved and enhanced.

It is considered that the visual impact of the truck, with its position on the land, existing screening and partial concealment to Ackland Hill Road, is acceptable.


92

6.3.2. Intensity of Activity

Movements will only be limited to two heavy vehicle movements per day (entering and leaving the site). Whilst generally more intense than typical domestic movements, these are not considered excessive in terms of the total time that this vehicle uses the driveway in the morning and the local road network. Given the limited number of truck movements per day compared to a typical working farm or viticultural property and the distance of the parked vehicle from the nearby dwellings, impacts will be mitigated.

Reference to the separation distances must also be noted. The distance from the truck parking area to the nearby dwelling sited to the west of the subject land across Edialta Road exceeds 300m (representors residence). The separation from the existing dwellings sited to both the north and south of the parking area exceed a distance of 100m.

Of particular relevance for agricultural industry within the zone, PDC 69(c) seeks to stipulate the location of wineries and agricultural industries being located no closer than 300m to a dwelling that is not in the ownership of the applicant. Being also commercial in nature, this is not a use that remains stationary within the area and consideration of this principle is deemed appropriate. It is considered that nearby dwellings will only be minimally affected by the proposal.

6.3.3. Noise

Noise is considered to be the most likely impact to result in an impact upon the amenity of the area and in the context of the nearby residential properties. This has subsequently been raised by the representor as the principal issue with this proposal, particularly in the early morning hours during the week.

The largest generator of noise associated with the vehicle is considered to be the starting of the vehicle, departure at 6.30am on a regular basis and accelerating. This is likely to impact upon those in the immediate area only.

General Section, Interface between Land Uses, PDC 1 reiterates that development must not detrimentally affect the amenity of the locality or cause unreasonable interference through unreasonable noise impacts amongst others.

Whilst this is acknowledged, there is still potential to disturb the amenity and therefore undermine the qualities that the zone and policy area endeavours to support. Therefore, General Section Interface between Land Uses PDC 7 must be considered, which provides reference to noise attenuation measures that achieve relevant Environment Protection (Noise) Policy criteria.

The Environment Protection Authority (EPA) relies on the Environment Protection (Noise) Policy, 2007 which provides indicative noise levels (acceptable limits) in regards to noise pollution. These provide guidelines and levels of the amount of noise that can be made at different times of day. It defines various land use categories including „rural industry‟ being the most appropriate given the characteristics of the subject site.


93

Based on these provisions, the EPA Noise Policy, and the applicants nominated times of departure and arrival on the site, it appears that even the peak noise levels are within the parameters for daytime activities. The times during which the activities are most critical are between 6.00am and 7.00am when the night provisions of the policy are in effect. Similarly, the noise produced from the applicant‟s use of land would either comply with the noise policy or be sufficiently close to complying, that any that exceed these levels, would be barely perceptible to the human ear.

Other dwellings are further removed from the subject land and driveway and would be less affected. It is worth noting that no other representation was submitted acknowledging noise as a concern, a benefit of its retrospective nature. It is also acknowledged that not all heavy movements within the locality area are a result of this proposal. Even ambient noise from council‟s own waste collection trucks in the early morning is accommodated.

With respect to traffic noise on Ackland Hill Road, the proposal is not likely to create any greater noise than the other non-related truck movements that occur regularly. Other trucks in the locality would likely to be travelling faster, possibly making greater noise with greater use of brakes. Truck movements are also expected to increase within the area during seasonal events such as the annual grape harvest. Therefore compliance with the Landscape Protection Policy Area, PDC 3 is afforded which states:

Landscape Protection Policy Area, PDC 3 – Development should not be undertaken if the operation and management of such development is likely to result in dust or noise nuisance.

General Section Objectives 1 and 4 for Orderly and Sustainable Development and Zone Objective 11, pertain to orderly and sustainable development and outline the need to ensure that development does not prejudice the ability to achieve provisions sought by the Development Plan in accord with the desired character for the zone. Based on the above assessment and the substantial distance in excess of 300m from the dwelling located to the west, it is considered that in this instance, the one departure truck movement each day will not undermine the rural lifestyle and high amenity landscape setting sought in the policy area.

6.3.4. McLaren Vale Character Preservation District

The subject land is contained with the McLaren Vale Character Preservation District in the Development Plan and is subject to the Character Preservation (McLaren Vale) Act 2012 (the Act).

Section 6 of the Act requires consideration of the following:

To recognise, protect and enhance the special character of the district while at the same time providing for the economic, social and physical wellbeing of the community.

To ensure that activities that are unacceptable in view of their adverse effects on the special character of the district are prevented from proceeding.


94

To ensure that future development does not detract from the special character of the district.

Otherwise to ensure the preservation of the special character of the district.

Section 7 of the Act identifies the following character values of the district:

the rural and natural landscape and visual amenity of the district

the heritage attributes of the district

the built form of the townships as they relate to the district

the viticultural, agricultural and associated industries of the district

the scenic and tourism attributes of the district.

The proposal for truck parking is considered to be consistent with the objectives of the Act, in that the proposal supports the scenic and tourism attributes of the district, does not impede viticultural or agricultural activities and will not impact on any heritage or special characteristics of the district.

The proposed development has been assessed against the objectives of the Character Preservation (McLaren Vale) Act 2012, and has been determined to not offend the intent of the legislation. As such, Section 6(2) of the Act, which states that council must have regard to and seek to further the objects of the CPA has been complied with.

6.4. Public Notification

The proposal was determined to be a category 3 development pursuant to Section 38(2)(c) of the Development Act, 1993.

One representation was received and the following issues were raised:

associated noise

an empty truck and trailer are in no way quiet

frequency of use each day

predominantly a residential area

trucks should depart no earlier than 6.30am.


residing in the area for at least five years with no previously raised complaints

zoning is more appropriate for heavier vehicles than residential

specific measures undertaken to minimise impacts of truck storage

colorbond fence and planting of trees along driveway assist in reducing

visibility and offer acoustic treatments

Ackland Hill Road currently accommodates large numbers of trucks

immediate neighbours have not raised concerns


95

the truck is driven slowly past adjoining residential properties utilising a quiet eco-friendly vehicle model

no previous concerns raised over the last three or so years of operation

most often the direction of travel is in opposite direction to the

representor‟s dwelling

the application only concerns parking of one vehicle.

It is considered that the applicant has provided a satisfactory response to these concerns raised by the representor and issues regarding noise and the negative impacts on nearby residential properties are discussed in this report and potential impacts are managed appropriately by conditions of approval.

6.5. Conclusion

It is considered that the parking of the truck and trailer can be done so without impacting on the amenity of the area.

As the primary and dominant use of the land remains as residential and semi-rural, the relatively small area of land allocated for truck parking is secondary. In addition the truck parking, with appropriate management conditions, it is also capable of being low intensity in use.

It is acknowledged that if this was the primary use of the land then this would be better suited to be located in a commercial or industrial zone. However, the proposal is for the parking of just one heavy vehicle and associated trailer, which is considered to be of a scale that does not alter the primary use of the land as residential. The existing dwelling will also continue to be occupied by the owners of the land.

This being said, the proposal demonstrates sufficient merit when considered against the provisions of the Primary Production Zone. The operation of a heavy vehicle in this locality in excess of 3000 kilograms is not considered to be unreasonable. The nature of operation will not erode existing policies intended to maintain the existing scenic character and amenity of the zone. The proposal is for an activity that, in some respects, is anticipated within the zone, albeit without the direct relationship to primary production activities on the subject land itself.

It is considered that the visual impact of the truck, because of its position on the land, existing screening and partial concealment to Ackland Hill Road, is acceptable. Noise levels would be within acceptable noise thresholds and as the truck is to be used sporadically each day and is to be parking a reasonable distance from the closest dwelling, it is considered reasonable.

Accordingly, and on balance, the proposed development is not considered to seriously at variance with, and sufficiently satisfies the relevant provisions of the Development Plan and warrants Development Plan consent.


96

7. Recommendation


1. RESOLVE that pursuant to section 6(2) of the Character Preservation (McLaren Vale) Act 2012 and to the objects of that Act, it has been determined that the proposal is consistent with and seeks to further the objects of that Act in that the proposal will not impact upon the scenic and rural landscape or any heritage attributes or special characteristics of the district.


3. RESOLVE to GRANT Development Plan Consent to development application 145/1464/2014 for the parking of one truck in excess of 300 kilograms and trailer on the existing property (earth moving tipping truck (9 tonnes) and trailer (4.5 tonnes))at 5 Edialata Road, Cherry Gardens, subject to the following conditions and advisory notes:

Conditions

1. The development shall be completed and maintained in accordance with the plans and documents submitted with and forming part of the development application, except where varied by the following conditions.

2. That only one heavy vehicle and trailer hereby approved be parked on the subject site at any time and must not exceed a maximum gross unloaded weights of 9 tonnes and 4.5 tonnes respectively.

3. The truck and trailer must only be parked in the area designated for parking as indicated on the plans and documents submitted with and forming part of this application.

4. No maintenance, service, degreasing or mechanical repair of the truck and/or trailer is permitted on the land.

5. Except for the starting of the truck for immediate departure, the engine of the truck must not be left idling or be kept running on the premises.

6. The truck and trailer shall not be washed down (other than minor cleaning) on-site.

7. That effective measures shall be implemented during the ongoing use of land to manage dust control of the driveway and to ensure that soil and mud is not transferred onto the adjacent roadways by the vehicle leaving the site.

Notes

1. No trees or shrubs shall be removed or pruned on Council’s road verge without Council approval.

2. You are reminded of obligations under the Environment Protection Act, 1993 to avoid causing environmental nuisance or harm.


97


Development application 145/1464/2014 for L and C Dillon


Subject Site

Representor


98



Interface between Land Uses

Primary Objectives

1 Development located and designed to minimise adverse impact and conflict between land uses.


1 Development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following:


(b) noise

(c) vibration


(e) light spill

(f) glare


(h)traffic impacts

Objectives of Development Control

Obj 1 Development located and designed to minimise adverse impact and conflict between land uses.

Obj 3 - Protect desired land uses from the encroachment of incompatible development.

Satisfied – Yes

Proposal demonstrates sufficient merit by way of its low key nature and secondary use of a semi-rural site. Use of trucks and larger non-domestic vehicles are typical throughout the locality thus ensuring that conflicts between land uses are minimised.


PDC 1 - Development should

not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following:


(b) noise

Satisfied – Yes

Storage of larger vehicles and machinery are

commonplace within a rural, agricultural area which always have the potential to impact on amenity levels at times. Proposal ensures preservation of open space around buildings, unobtrusive siting and preservation of natural scenic character of the locality.


99

(c) vibration


(e) light spill

(f) glare


(h)traffic impacts

Noise

Interface between Land Uses

PDC 7 - Development that emits noise (other than music noise) should include noise attenuation measures that achieve the relevant Environment Protection (Noise) Policy criteria when assessed at the nearest existing noise sensitive premises.

Satisfied – Yes

Nominated times for arrival and departures are

within indicative noise levels (acceptable limits) in regards to noise pollution.

Visual Amenity

General Section, Siting and Visibility

PDC 2 - Buildings should be sited in unobtrusive locations and, in particular, should:

(a) be grouped together

(b) where possible be located in such a way as to be screened by existing vegetation when viewed from public roads and especially from the Mount Lofty Ranges Scenic Road as shown on Overlay Maps - Transport

Satisfied – Yes

The visual amenity of the locality and pleasantness

of the immediate area is well preserved due to the position on the land, existing screening, proximity to existing shed of similar scale and partial concealment by existing verge planting and fencing.


100


Primary Objectives:

4 - Protection of primary production from encroachment by incompatible land uses and protection of scenic qualities of rural landscapes.

Desired Character

Much of the area is suitable for a range of agricultural production, notably vines, grazing, cropping, almonds, strawberries and other similar foods including niche market products. Accommodation of associated „value added‟ industries in appropriate locations is envisaged, along with appropriately scaled tourism infrastructure.

Wineries and small scale, low impact agricultural and home based industries are encouraged where they expand the economic base of the zone. Industries will be based upon the processing of agricultural produce primarily from the region. Home based industries will be based on rural, arts, crafts, tourist, cultural or heritage activities appropriate to the region.


1 - The following forms of development are envisaged in the zone:

bulk handling and storage facility

commercial forestry

dairy farming

farming

horticulture

intensive animal keeping

small scale industry in association with farming

tourist accommodation (including the diversification of existing farming activities and conversion of farm buildings)

winery.

Form and Character

PDC 11 - Development should not be undertaken unless it is consistent with the desired character for the zone.

PDC 41 - The appearance of land, buildings and objects should not impair the amenity of the locality in which they are situated.

Satisfied - Yes

Proposal maintains the area as an attractive pleasant environment where the proposed land use preserves the primary function of the area as primary production and is consistent with the desired character for the area.

The proposed truck and trailer parking area is well setback from both Ackland Hill Road and Edialta Road, is comparable in size and scale with the existing storage shed and it is well screened by existing planting along the driveway and council verge.


101

Summary of relevant Policy Area provisions

Primary Objectives:

1- Preservation of the natural and rural character and scenic features of the policy area in order to:

(b) limit visual intrusion of various forms of development within the policy area, particularly when viewed from roads or vantage points

(c) maintain the life-style and amenity of residents within the locality.


3 - Development should not be undertaken if the operation and management of such development is likely to result in dust or noise nuisance.

Form and Character

PDC 2(b) - Development should not be undertaken unless:

(b) together with landscaping, it preserves and enhances the natural and semi-rural character and amenity of the policy area or assists in the re -establishment of such character and amenity.

Satisfied - Yes

Together with existing landscaping the existing scenic character of the local area is preserved.

Noise

PDC 3 - Development should not be undertaken if the operation and management of such development is likely to result in dust or noise nuisance.

Satisfied - Yes

Large separation from nearby dwellings, between

100m and 300m, limited use of the truck and trailer to two movements per day and maintaining existing trees and vegetation, ensure a reasonable level of amenity for residents in the immediate locality.

Nominated times for arrival and departures are within indicative noise levels (acceptable limits) in regards to noise pollution.


124

3.3 145/124/2015 Evoque Developments

Proposal Seven x two-storey dwellings with garages

Address 9 Panalatinga Road, Reynella East

Zone/Policy Area Residential




Bethia Ringshaw Robyn Markham Linda Wallace Michael Stanley Carol Bibby

Referrals Department for Planning, Transport and Infrastructure


Report author Alex Wilkinson – Senior Development Officer (Planning) Phone: 08 8384 0593 Email: [email protected]





1.1.3. Appendix 3 – Development data table



1.2.1 Plans and supporting documents

1.2.2 Representations received

1.2.3 Applicant’s response to representations

1.3. Background

Land division approval for 13 community titled allotments all serviced by a private internal driveway (within development application 145/C122/13) was approved under delegation on 4 April 2014. The land division approval also includes approval for stormwater infrastructure and retaining walls up to 1.2 metres in height.


125

After the land division was granted planning consent it was noted that the existing retaining walls around the allotment were structurally unsound and required replacement. The developer lodged a development application (145/1700/2014) to increase the retaining wall height to include the existing retaining wall in addition to the retaining wall height approved within the land division, resulting in a proposed total wall height of 2.2 metres. At a later date, the applicant constructed a 1.8 metre high colorbond fence on top of this structure.

Six separate development applications (for dwellings 1 to 6) were lodged 1 May 2014, each proposing a two storey group dwelling. These dwellings were processed as Category 2 forms of development as per Schedule 9, (2) of the Development Regulations 2008 as the proposed allotments had not been legally created at that time. These applications have now all been granted planning consent under delegation and some are now under construction.

The subject application for Dwellings 7 to 13 is a Category 3 form of development, due to not being captured in Part 1 or Part 2 of Schedule 9 of the Development Regulations 2008.


The subject application is for seven x two-storey dwellings, being Dwellings 7 to 13 on the plan of division.

Each of the dwellings proposed are sited within a previously approved community titled land division. The internal driveway was approved as part of the community title land division application.

Dwelling 7 (as indicated upon the plans)

Dwelling 7 is located on the western side of the internal driveway and the allotment backs onto Panalatinga Road.

The ground floor of dwelling 7 comprises open plan meals, kitchen and family room which lead outside to an alfresco area. Lounge, laundry, toilet and garage form the remainder of the rooms on the ground floor. The first floor of dwelling seven includes a retreat, bathroom and three bedrooms, one of which has a walk-in robe and ensuite. Dwellings 7 and 8 share a common wall.

Dwelling 8

Dwelling 8 is located on the western side of the internal driveway and the allotment backs onto Panalatinga Road. This allotment shares a southern property boundary with 11 Sylvaner Court and a south eastern property boundary with unit 4/ 10 Lenore Close, Reynella East.

The ground floor of dwelling 8 comprises open plan meals, kitchen and family room which lead outside to an alfresco area. Lounge, laundry, toilet, small store and angled garage form the remainder of the rooms on the ground floor. The first floor of dwelling 8 includes a retreat, bathroom and three bedrooms, one of which has a walk-in robe and ensuite.

Dwelling 9

Dwelling 9 is located on the eastern side of the internal driveway. This allotment shares its eastern property boundary (or rear) with 5/10 Lenore Close.


126

Dwelling 9 is the only dwelling in this proposal and the previous approvals that stands alone without sharing a common wall with another dwelling. The ground floor of dwelling 9 comprises open plan meals, kitchen and family room which lead outside to an alfresco area. Lounge, laundry, toilet, garage and two bedrooms, one of which has a walk-in robe and ensuite form the remainder of the rooms on the ground floor. The first floor of dwelling 9 includes two bedrooms, retreat, bathroom and toilet.

Dwellings 10 and 11

Dwellings 10 and 11 are on the eastern side of the internal driveway. These allotments share their eastern boundary (or rear) with 6 and 7/10 Lenore Close.

Dwellings 10 and 11 are a mirror image of one another sharing a common wall. The ground floor of each of these dwellings comprises open plan kitchen, meals and family room which lead outside to an alfresco area. Lounge, laundry, toilet and garage form the remainder of the rooms on the ground floor. The first floor of dwellings 10 and 11 comprise a bathroom, four bedrooms one of which has a walk-in robe and ensuite.

Dwellings 12 and 13

Dwellings 12 and 13 are on the eastern side of the internal driveway. These allotments share their eastern boundary (or rear) with 8/10 Lenore Close.

Dwellings 12 and 13 are a mirror image of one another sharing a common wall. The ground floor of each of these dwellings comprises open plan kitchen, meals and family room which lead outside to an alfresco area. Lounge, laundry, toilet and garage form the remainder of the rooms on the ground floor. The first floor of dwellings 12 and 13 comprise a bathroom and four bedrooms, one of which has a walk-in robe and ensuite.

2. Site details

2.1. Subject land

The subject site is located at the end of a local service road on the eastern side of Panalatinga Road, Reynella East.

The overall allotment is irregular in shape and has a frontage to the service road of approximately 6 metres and an overall area of 3876 sq m. The 13 allotments approved and created within this parcel have sizes ranging from 217 sq m to 311 sq m.

Initially as you enter the site from the north-east it slightly raises then drops gently to the south-east with a fall of 1.5 metres over approximately 50 metres.

2.2. Locality

The locality is residential in nature with the overall allotment adjoining a community tilted division to the west. North and south of the site is predominately single storey detached dwellings on relatively large allotments. West of the allotment is Panalatinga Road which is a secondary arterial road.

The area is not considered to possess any discernible character features and is considered relatively mixed.


127

3. Type of assessment

Type Merit


Development Plan version Consolidation date 28 August 2014


Category Category 3


Representations to be heard Bethia Ringshaw 2/10 Leonore Close, Reynella East Robyn Markham 4/10 Leonore Close, Reynella East Linda Wallace 5/10 Leonore Close, Reynella East Michael Stanley 6/10 Leonore Close, Reynella East Carol Bibby 7/10 Leonore Close, Reynella East

Representations not being heard M McPherson 3/10 Leonore Close, Reynella East

Third party appeal opportunity Yes



Technical Services provided detailed advice throughout processing the land division in order to ensure that dwellings could adequately function upon this allotment. The dwellings that were provided indicatively within the land division are the same as now proposed.

4.1.2. Building team

The setback of the garage of dwelling eight narrows along the eastern property boundary. Concerns were raised as to whether this formed a vermin trap and could be supported by the Building Code. Council‟s Building team have advised that the angle of the garage is acceptable and accessible.


128


5.1. Land Use

The proposal is located solely within the Residential Zone where dwellings are envisaged as per Principle of Development Control (PDC) 1. Group dwellings and Residential Flat buildings are foreseen forms of development within PDC 15. The minimum allotment sizes sought for these forms of development is an average of 250m sq m with an 18 metre frontage. As outlined within the background portion of this report, these allotments have been created by development application 145/C122/13. During the assessment of development application 145/C122/13, indicative dwelling plans were required in order to assess whether these allotments could appropriately function. The indicative dwelling plans provided are consistent with what is being proposed by this development application.

5.2. Character

The subject site and locality is not considered to possess any particular character features that warrant preservation. This is reinforced in that the site is not located within a Character Area or Precinct. To this end, the proposal is not considered to be of a nature that will have any impact upon the mixture of dwellings with the immediate area.

Although not within the Medium Density Policy Area, two storey group dwellings and residential flat buildings are still envisaged within the zone. The proposal is not considered to be of a nature that will unreasonably impact upon the existing character of the area, which displays other group dwellings to the east.

The bulk and scale of the proposed dwellings is not reflected by any of the dwellings within the immediate locality. This is given that the dwellings are all two storey and a majority of them are butted up against one another. Whilst this adds to bulk and scale, it is considered to have limited impact upon the streetscape. This is given the site‟s location at the end of a service road and each dwelling fronting onto a community titled driveway. Further to this, there are several pine trees along Panalatinga Road that screen the dwellings from the west and Leonore Close (the public portion) is in excess of 40 metres from the site and separated by a 4 metre high retaining wall fence structure.

5.3. Amenity

Each of the dwellings proposed are consistent with the setbacks outlined within Residential Zone PDC 7. Each dwelling achieves the rear setback of five metres, with the exception of dwelling eight which fails to achieve the five metre setback by 245mm. This infraction is considered minor and the implications of this shortfall are considered negligible.

The side setbacks of each dwelling achieve the setbacks sought within the Residential Zone PDC 7 in that upper storeys are setback a minimum of 2.9 metres from all southern boundaries and 1.9 metres in all other circumstances.

Each of the dwellings proposed do not have a primary road frontage and therefore the five metre setback is not sought from the internal driveway.


129

Notwithstanding this, each of the dwellings is considered to be adequately setback from the internal driveway in order to protect habitable rooms from excessive vehicle noise.

Council‟s Development Plan in PDC 11 General Section – Residential Development outlines that allotments less than 300 sq m should provide a minimum of 24 sq m private open space. Each of the dwellings proposed exceeds this minimum as follows:

Dwelling 7 - 58 sq m






Dwelling 13 - 49 sq m.

In addition to the area provided being adequate, the private open space is directly accessed from internal living areas as sought by PDC 11 General Section – Residential Development.

The private open space attributed to each dwelling is considered to be appropriate, functional and consistent with the intent of the Development Plan. There is sufficient space for units, bin storage, clothes lines etc without affecting the minimum private open space provision.

Overshadowing diagrams have been provided for the 21 June winter solstice. These plans indicate that the residents northeast of the proposal will experience some overshadowing in the afternoon. This level of overshadowing is likely to impact the greatest upon the rear yard areas of units 5/10, 6/10 and 7/10 Leonore Close.

Unit 7/10 is primarily enclosed by a verandah, and is predominately in shade as a result of the retaining wall fence structure.

The rear yard area of unit 6/10 remains largely in shadow from the fence retaining wall structure, however the buildings will add to this at 3pm. Notwithstanding the additional overshadowing from the buildings, this area will continue to receive sun light for a minimum of three hours between 9am and 12pm, which is considered to adhere to General Section, Design and Appearance PDC 9. The level of overshadowing depicted also indicates that the solar panels will not be overshadowed between 9am to 3pm, as the shadow‟s edge is only reaching the western edge of the solar panel at 3pm on the shortest day of the year. The overshadowing diagram depicts the worst case scenario, with all other days of the year having reduced overshadowing.

The private open space area of unit 5/10 is primarily enclosed by an existing verandah. The remainder of this area will be overshadowed by the fence/ retaining wall structure. The only other land impacted upon by way of overshadowing is 11 Sylvaner Court. The area overshadowed in this instance appears to be largely underutilised and is not considered to be the primary area of private open space.


130

The proposed dwellings will be visible from neighbouring allotments and to a lesser degree the public realm, being Panalatinga Road and Lenore Close. Despite the dwellings being visible and more bulky than existing dwellings, the proposal is not considered to be of a nature that will detrimentally impact upon the existing amenity of the locality. This can be attributed to the wall height being 5.2 metres, whereas Residential Zone PDC 7 allows for wall heights of up to 6.0 metres. Further to this, each dwelling is appropriately sited upon its allotment in order to ensure that any visual bulk is adequately minimised. In addition to this, the designer has sufficiently articulated each dwelling through utilising a mix of render and face brick. This has been incorporated to add visual interest and interrupt extensive areas of walling.

The overall impact of the proposal upon the residents on the lower side or to the north east is considered to be mitigated by the existing 4 metre high retaining wall and fence. This will reduce the overall impact of the proposal from the rear yard areas as only glimpses of the dwellings themselves will be available from the rear yard areas.

Potential overlooking has been adequately overcome through the use of high level windows a minimum of 1.5 metres above the internal finished floor level. Dwellings 7 and 8 provide for high level windows on the western elevations and obscured windows on their eastern elevations to ensure that the privacy of unit 4/10 is protected along with 11 Sylvaner Court.

The habitable room upper level windows of dwelling 9 only face west looking over the internal driveway, providing passive surveillance of this area.

Dwellings 10, 11, 12 and 13 provide for high level windows upon the upper storeys of the north, north-eastern and southern elevations. This is considered adequate in terms of overcoming any overlooking and perceived overlooking.

Noise generated as a result of this proposed development, by way of additional vehicle noise, future air conditioning units and other residential use sources are not considered to be of a nature that will detrimentally impact upon the existing level of amenity. This is given that the existing residents in the area would be subject to some road noise associated with Panalatinga Road, which will be buffered by the proposal. Further to this, the dwellings are adequately sited in terms of setback to sufficiently accommodate for air conditioners and like.

The solar orientation of the overall development is considered poor. This is given that the only habitable room windows facing north are associated with the family rooms of dwellings 8 and 9. Notwithstanding this, each dwelling is capable of meeting the energy efficiency requirements of the Building Code of Australia despite the constraints of the site being its unusual shape.

As part of the assessment of this development application, concerns were raised regarding traffic noise from Panalatinga Road for Dwellings 7 and 8. The acoustic report provided recommends several treatments to the windows, doors and roof of each dwelling. The recommendations of the acoustic report received in support of this application form a condition of approval, should the application be approved.


131

5.4. Site functionality

The overall development has been demonstrated to function within the community titled land division. Development application 145/C122/13 demonstrated 13 dwellings reflecting the size and scale of the proposal can function on the overall allotment. This is not what is being considered within this application, however, it is worthy to note that the indicative plans submitted as part of that application were considered appropriate. It is also worthy to note that six of the dwellings reflecting those provided for in the indicative dwelling plans have now been separately approved and four dwellings are currently under construction.

In the response to representations, the applicant has indicated that bollards will be included as part of the proposal. These bollards have been recommended for conditioning, should the application be approved, as the exact location of these bollards will need to be considered in conjunction with the manoeuvrability of vehicles.

The Department of Planning, Transport and Infrastructure (DPTI) safety and service division have made comment on the proposed development indicating they have no objection providing that all access is via the service road and no direct access is directly via Panalatinga Road. As recommended by DPTI, this has been included as a condition of approval should the application be approved.

The proposal is likely to result in an additional 70 vehicle movements a day at a rate of 10 per dwelling. The service road will continue to function as a local road which can cater for up to 1000 vehicle movements per day. The additional traffic along the service road was considered as part of the assessment of the land division that created these allotments.

The Development Plan seeks 1.25 car parks per dwelling. The proposal achieves this given that dwellings 8 and 9 provide an undercover and a visitor space. The remainder of the dwellings provide an area for a visitor space, but it is not quite long enough to cater for a larger car and therefore have not been included in this calculation. No communal parks have been provided as part of this development.

Bin pick up is likely to occur on the western side of the service road, however, should the applicant wish for the bin truck to enter the site it is possible if the appropriate indemnities were provided.

5.5. Public notification

The proposal was determined to be a Category 3 development pursuant to Section 38(2)(c) of the Development Act 1993.

Representations were received and the following issues were raised:

height of overall development

reduced sunlight from overshadowing

safety regarding the internal driveway

reduced privacy (overlooking)

reduced setbacks

noise

loss of amenity.


132


The height of the proposed dwellings has been perceived as being three storeys high because the neighbouring estate is cut down below natural ground level by at least one metre on their northern boundary. In addition to this, it was requested that the overall allotment be raised 1.2 metres in order to cater for storm water.

As per the shadow diagrams, the fence that has been approved from the subdivision has the greatest overshadowing effect on the neighbours in Leonore Close. This shadow starts taking effect from 12pm and has a greater impact at 3pm, whereas the proposed dwellings do not have an impact until mid-afternoon, still giving our neighbours up to 6 hours of sunlight in the shortest day of the year. All neighbours in Leonore Close have verandahs themselves shielding their homes from afternoon sun.

As discussed with our neighbours, in particularly the neighbour at 4/10 Leonore Court, bollards have been planned to be put in the next few weeks.

Privacy has been taken into consideration and window sizes have been

limited accordingly on the upper storeys. The lounge of 2/10 Leonore Close is at the front of their home which can be viewed from the shared driveway of the resident within Leonore Court.

The upper floor levels have been designed to be constructed on average 6.1m from the western property boundary.

Any neighbour has the potential to be noisy regardless of whether they

are elevated.

5.6. Conclusion

The land use and overall densities of the proposal have been determined within the community titled land division. Notwithstanding this, the form, siting and impacts associated with built form within the locality have been considered within this report and overall assessment.

The dwelling types are an envisaged form of development as indicated within Principle of Development Control 15.

The seven dwellings herein proposed are not considered to be of a nature that will interrupt any pre-existing character within the area. In addition to this, each of the proposed dwellings is considered to adequately reflect the qualitative Principles of Development Control in terms of setbacks, building heights and areas of private open space.

Several concerns were raised by adjoining residents regarding potential impacts associated with the proposed development such as overshadowing, overlooking and noise. These concerns have been considered in depth and the overall impacts associated with the proposed development are considered acceptable.

The proposed development is not considered to be seriously at variance with, and sufficiently satisfies, the relevant provisions of the Development Plan and warrants Development Plan consent.


133

6. Recommendation



2. RESOLVE to GRANT Development Plan Consent to development application 145/124/2015 for seven x two-storey dwellings at 9 Panalatinga Road, Reynella East, subject to the following conditions and advisory notes:

Conditions

1. The development shall be completed and maintained in accordance with the Site Levels and Stormwater Drainage Plan drafted by Ginos Engineers Pty Ltd drawing no. 25931 C1/C amended 11/2/15, Lot 7 & 8 site/elevation and floor plans drafted by Evoque sheet numbers A100 – A123 dated 23/3/15, Lot 9 site/elevation and floor plans sheet numbers A100 - A105 dated 5/11/2014, Lot 10 and 11 site/elevation and floor plans sheet numbers A100 – A104 dated 18/12/2014, Lot 12 and 13 site/elevation and floor plans sheet numbers A100 – A104 dated 7/1/15 and other documents submitted with and forming part of the development application, except where varied by the following conditions.

2. That effective measures be implemented during the construction of the development and on-going use of the land in accordance with this consent to:

prevent silt run-off from the land to adjoining properties, roads and drains

control dust arising from the construction and other activities, so as not to, in the opinion of Council, be a nuisance to residents or occupiers on adjacent or nearby land

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

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

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

3. During construction and at all times thereafter, stormwater generated from the development shall be diverted away from all buildings, shall not pond against or near the footings and shall not be discharged onto adjoining land. Where drainage is directed to the street water table, this shall be by way of a council approved stormwater drainage system.

4. A scaled site plan showing the location of bollards shall be provided for Council for assessment and approval prior to development approval being granted.

5. The dwellings shall not be occupied until all necessary infrastructure has been provided to the site of the dwellings, including but not limited to a formed and sealed road and watertable, water supply and sewerage services, drainage/stormwater disposal and electricity services.


134

6. Dwellings 7 and 8 are to be constructed in accordance with the recommendations of the Marshall Day Acoustic report dated 17 September 2014.

7. All access shall be via the Panalatinga Road service road. No direct access to Panalatinga Road shall be permitted.

8. The front setback area (between the front property boundary and front of the dwelling) shall be landscaped prior to occupation, with suitable trees, shrubs, lawn, and/or ground cover, and may include some paving, retaining and the like. Such landscaping shall be completed within two years of completion of the dwelling and shall be maintained in good condition at all times and replaced if necessary. In the period until the landscaping is completed, the front setback area shall be kept neat and tidy.

Notes

1. You are further advised that Building Rules Consent is required for the application pursuant to the Development Act 1993.

2. The land owner/developer is responsible for ensuring that building work is sited in the approved position. This may necessitate a survey being carried out by a licensed land surveyor. Allotment boundaries will not be certified by council staff; however council may enforce removal of any encroachments over council land.

3. The proponent is reminded of Clause 23 under Part 6 of the Environment Protection (Noise) Policy 2007. The clause states that construction activity must not occur on a Sunday or other public holiday; and on any other day except between 7am and 7pm. Exceptions to this requirement are prescribed in Clause 23(1) b of the Environment Protection (Noise) Policy 2007.


135


Development application 145/124/2015 for Evoque Developments


Subject Site


136

2. Location of representors

2

1

3

4

5


137



Residential Development

Primary Objectives

1 - Safe, convenient, sustainable and healthy living environments that meet the full range of needs and preferences of a diverse community.

2 - A diverse range of dwelling types and sizes available to cater for changing demographics, particularly smaller household sizes and supported accommodation.


1 - Residential allotments and sites should maximise solar orientation and have the area and

dimensions to accommodate:

(a) the siting and construction of a dwelling and associated ancillary outbuildings

(b) the provision of landscaping and private open space

(c) convenient and safe vehicle, pedestrian and cycling access and parking

(d) water sensitive design systems that enable the storage, treatment and reuse of stormwater.

Objectives

A diverse range of dwelling types

and sizes available to cater for changing demographics,

particularly smaller household sizes and supported

accommodation.

Satisfied – Yes

The proposal adds to the range of dwelling types within the

immediate locality.


1 Residential allotments and sites

should maximise solar orientation and have the area and dimensions

to accommodate:

(a) the siting and construction of

a dwelling and associated

ancillary outbuildings

(b) the provision of landscaping

and private open space

(c) convenient and safe vehicle,

pedestrian and cycling access and parking

(d) water sensitive design

systems that enable the storage, treatment and reuse of

stormwater.

Satisfied – Yes

The proposed dwellings have poor orientation overall,

however this is a constraint of the unusual shaped

allotment. Notwithstanding this the dwellings can meet the

energy requirements of the Building Code of Australia and each of the rear yard areas proposed will receive an

appropriate amount of sunlight.

The overall allotment sizes and dwellings do not really allow

for extensive outbuilding but could allow for garden sheds

under 15 sq m.

There is ample room to accommodate landscaping for each

dwelling the developer has already undertaken some landscaping on site, but this is limited to the communal

areas.

The access egress is considered safe and convenient.

The stormwater management plan submitted adequately

demonstrates that the amount of detention can cater for a 1 in 10 year flood event.


138

Design and Appearance

PDC 5 Entries to dwellings or

foyer areas should be clearly

visible from the street, or access ways that they face to enable

visitors to easily identify individual dwellings.

Satisfied – Yes

Each dwelling is a clearly definable clearly presenting doors and numbering to the common driveway.


Primary Objectives:

2 - A diverse range of dwelling types and sizes available to cater for changing demographics, particularly smaller household sizes and supported accommodation.

Desired Character

The zone will accommodate an ever more diverse range of housing to meet the needs of the community and will be adaptable to change over time in response to cyclical changes in demographics and household as well as the condition of the housing stock.


9 - Site coverage should ensure sufficient space is provided for:

(a) pedestrian and vehicle access and vehicle parking

(b) domestic storage

(c) outdoor clothes drying

(d) rainwater tanks

(e) private open space and landscaping

(f) convenient storage of household waste and recycling receptacles.

10 - Private open space (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 a habitable rooms of the dwelling

(b) to be generally at ground level (other than for residential flat buildings) and 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 adjacent sites

(f) to have a northerly aspect to provide for comfortable year round use

(g) not to be significantly shaded during winter by the associated dwelling or adjacent development

(h) to be partly shaded in summer

(i) to minimise noise or air quality impacts that may arise from traffic, industry or other business activities within the locality


139

(j) to have sufficient area and shape to be functional, taking into consideration the location of the dwelling, and the dimension and gradient of the site.

11 - Dwellings at ground level should provide private open space in accordance with the following : 24 sq m with a minimum dimension of 3m

Form and Character

PDC 6 Development should not be

undertaken unless it is consistent with the desired character for the

zone.

Satisfied - Yes

The proposal adds to the diverse range of housing within

the area.

Design characteristics Guideline Proposed

Site coverage There is no maximum parameter other than within the Residential

Medium Density Policy Area.

The site coverage is considered acceptable given that the setbacks and

private open space criteria have been

adhered to for each dwelling

Building height 6 metre wall height Each of the dwellings has a wall height

Storeys

2 Storeys None of the dwellings proposed exceed 2

storeys

Setbacks:

Lower level: 900mm Dwelling 7 - North 1m

Dwelling 8 - 600mm

Dwelling 9 - North 1m

Dwelling 10 - N/A

Dwelling 11 - N/A

Dwelling 12 - N/A

Dwelling 13 - N/A

Front setback

5 metres This is not required for internal common driveways.

Side boundary

Where the wall height is between 3 metres and 6 metres:

(a) 2.9 metres if adjacent southern boundary

(b) 1.9 metres in all other circumstances.

Dwelling seven

North - 1.9m – South - OB

Dwelling Eight

North – OB – South – 3.3m

Dwelling nine

North – 4m South – 3.1

Dwelling 10

North –OB South – 2.9m

Dwelling 11

North – 1.9m South – OB

Dwelling 12

North - OB South – 2.9m


140

Design characteristics Guideline Proposed

Dwelling 13

North 2.4m South – OB

*OB = On Boundary

Rear boundary (upper

storey)

5 metres Dwelling 7 - 6.1 metres

Dwelling 8 - 4.7 metres





Dwelling 13 - 5 metres

Private open space:

Area

24 sq m Dwelling 7 - 58 sq m







Number of parks

(c) 1.25 for each dwelling where the dwelling has 3 or more

bedrooms or a maximum floor area of more than 130 square metres;

and

(d) 1 visitor car park for every five dwellings (available on street

parking immediately adjoining the subject land can be counted

towards this requirement).

The seven dwellings proposed cater for the nine car parking spaces sought within

this Principle.

The proposal fails to provide the one

visitor park, however there are ample

parking opportunities on the western side of the service road, which this principle

allows for.


210

4. Items for decision only

Nil

5. Outstanding matters - (appeals and deferred items)

5.1 Deferred Items (information only)

Nil

5.2 Appeal Items (information only)

145/1244/2013 Wise Drafting

Meeting details and panel

16 October 2014

Bill Chandler, Grant Halstead, Heidi Greaves, Judith Urquhart, Bill Jamieson, Darryl Parslow

Team Leader Planning – Steven Tilbrook

Third party appeal

Description Single storey detached dwelling with garage including verandah, driveway and landscaping (non-complying) at Lot 101 Stump Hill Road, McLaren Vale

The Development Assessment Commission concurred with the Panel‟s decision 30 January 2015. A third party appeal has been lodged with the Environment, Resources and Development Court against the application, with the appellant wishing to negotiate and have input on two conditions of the planning consent in respect to the colour of the dwelling, and the configuration, and extent of landscaping to be established to the south of the dwelling.

A preliminary conference was held 16 March 2015 and no compromise was reached between parties.

At a conciliation conference held 8 April 2015 the parties agreed on some changes to the dwelling plans including:

Dropping the roof pitch from 22.5 degrees to 16.5 degrees

Additional landscaping to the south of the dwelling

The inclusion of a 2.1m screen/fence along the southern

boundary

Entering into a Land Management Agreement addressing the

above, and which will include an advisory clause that informs future owners of the existence of the cellar door and restaurant located to the south.

A second conciliation conference has been scheduled for 27 April 2015 but the matter is expected to be finalised before that date.


211

145/2779/2014 Mr M Beesley

Meeting date and Panel

12 March 2015

Bill Chandler, Greg Olbrich, Judith Urquhart, Grant Halstead, Debra Arnold, Darryl Parslow

Development Officer (Planning) – Michael Gachet

Applicant appeal

Description Single storey medical centre building and verandah with associated carpark and landscaping at 26 Old Coach Road, Aldinga

Information The Environment, Resources and Development Court have advised that a preliminary conference between all parties has been scheduled for 27 April 2015.

6. Other business

6.1 Matters for referral

Meeting date/item no.

Issue referred Relevant team/section

Response

9 April 2015

Item 6.1.1

In relation to item 3.1 on the agenda, and in consideration of the representations heard in relation to the proposal, council‟s Development Compliance team is requested to consider undertaking an audit of the property to ensure its compliance with the ERD Court order issued 24 September 2013 in relation to development application 145/4052/2010.

Development Compliance

Matter is currently being investigated.


212

6.2 145/1829/2012 Woolcock Engineering Pty Ltd (Information Report)

Proposal To construct a 1850sq m canopy on the southern elevation of the existing shed used in association with an existing earthmoving business.

Address Lot 101 Brookside Road, Flagstaff Hill

Zone/Policy Area Residential and Hills Face




Report author Michael Gachet, Development Officer (Planning) Phone: 8384 0529 Email: [email protected]

1. Summary of report


1.1.1. DAP report (deferred item) 1 May 2014

1.1.2. Development Plan Consent Decision Notification Form for DA 145/1829/2012

1.1.3. Applicant’s response to reserved matter

1.2. Reason for report

The proposal was granted Development Plan Consent at the Panel meeting on 1 May 2014, subject to a reserved matter and five conditions being complied with (refer attachment 1.1.2). The applicant has requested exemption from the requirements of the reserved matter, which is as follows.

The following information shall be submitted to council for further assessment and approval as a reserved matter pursuant to Section 33(3) of the Development Act 1993 (the Act):

• a new Certificate of Title showing a realigned free and unrestricted Right of Way over allotment 101 appurtenant to allotment 35.

Pursuant to section 33(1) of the Development Act 1993, council reserves its decision on the form and substance of any further conditions of Development Plan Consent that it considers appropriate to impose in respect of the reserved matters as delineated by condition 1.

The applicant has provided documentation within attachment 1.1.3 that outlines the process undertaken in an attempt to comply with this matter, but has been unable to do so. The Certificate of Title for lot 35 (volume 5754/folio 105) still shows the original Right Of Way (ROW) and not the realigned ROW as requested by the Panel.


213

1.3. Background

Development application 145/1829/2012 was lodged with council on 18 July 2012, seeking approval to construct a canopy over two stages measuring approximately 3000sq m total in area. At its meeting on 7 March 2013, the Panel resolved to defer its decision to enable the applicant to provide the following information:

a Certificate of Title with the new registered ROW shown

a scaled, detailed site plan showing the location of the existing shed and the ROW

timing details of stages 1 and 2 of the development.

Further information was received by council on 28 January 2014 and 20 February 2014, which reduced the size of the proposed canopy from approximately 3000sq m to 1850sq m by removing stage 2 from the proposal. The site plan was also amended to improve the accuracy of the ROW location in relation to the existing shed and proposed canopy.

A new Certificate of Title showing the relocated ROW was not provided as requested. The applicant provided documentation dated 16 January 2014 addressed to the representor (and owner) of lot 35 Brookside Road, and also to the owner of lot 36 located within the Mitcham Council. These documents requested their signature in order for the new Certificates of Title (showing the realigned ROW) to be issued. The owner of lot 36 Brookside Road has agreed to the new ROW, but the representor (and owner) of lot 35 had not.

The application was resubmitted to the Panel on 1 May 2014, which resulted in Development Plan Consent being granted. The approval included a reserved matter, which required the realigned ROW to be shown on the Certificate of Title for lot 35.

A submission was received from the applicant on 28 January 2015, outlining the steps taken to obtain the signature of the landowner for lot 35 and stating that the reserved matter has effectively been complied with. The owner has steadfastly refused to sign the necessary documentation to enable the realigned ROW to be shown on his Certificate of Title, despite the realigned free and unrestricted access being in use for several years and the original ROW being unusable.

1.4. Conclusion

A succession of developments has encroached over the original ROW for lots 35 and 36 Brookside Road, Flagstaff Hill to now render this access unusable. The realigned ROW provides a superior, sealed, free and unrestricted access to these allotments.

In order to formalise the realigned ROW on the Certificate of Title for lot 35, the land owner‟s signature is required. To date, the land owner has refused to sign the required Land Titles Office document.

Should the reserved matter requirement be enforced, the land owner of lot 35 is effectually preventing the construction of the canopy, which has been determined to warrant development approval. The applicant has made every practical attempt to formalise the realigned ROW on the Certificate of Title


214

for lot 35, however the owner‟s refusal to complete the process is considered unreasonable.

2. Recommendation


1. RESOLVE that the reserved matter included within the granting of Development Plan Consent for Development Application 145/1829/2012 for the construction of a 1850sq m canopy on the southern elevation of the existing shed used in association with an existing earthmoving business at lot 101 Brookside Road, Flagstaff Hill has sufficiently been complied with.

2. A new decision notification form be issued removing the reserved matter.


240

7. Closure

Documents

Development Assessment Panel Thursday, 23 April 2015 at ......City of Onkaparinga Development Assessment Panel 23 April 2015 5 freeing up the existing car park for patients visiting