76
6 June 2019 Dear Member NOTICE OF MEETING Notice is hereby given pursuant to Section 83 of the Planning, Development and Infrastructure Act 2016, that a meeting of the Council Assessment Panel has been called for:‐ DATE: Tuesday 11 June 2019 TIME: 5.30pm PLACE: Council Chamber, Level 1, 60 Tasman Terrace, Port Lincoln Please find enclosed a copy of the Agenda for the meeting. Yours sincerely Jess Burns COORDINATOR DEVELOPMENT SERVICES

NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

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Page 1: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

6 June 2019

Dear Member

NOTICE OF MEETING

Notice is hereby given pursuant to Section 83 of the Planning Development and Infrastructure Act 2016 that a meeting of the Council Assessment Panel has been called for‐

DATE Tuesday 11 June 2019

TIME 530pm

PLACE Council Chamber Level 1 60 Tasman Terrace Port Lincoln

Please find enclosed a copy of the Agenda for the meeting

Yours sincerely

Jess Burns COORDINATOR DEVELOPMENT SERVICES

AGENDA for the

COUNCIL ASSESSMENT PANEL MEETING

to be held on

TUESDAY 11 JUNE 2019

commencing at 530pm

THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL CONSIDERED BY COUNCIL

1 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

A G E N D A COMMITTEE COUNCIL ASSESSMENT PANEL

MEETING DATE TUESDAY 11 JUNE 2019

LOCATION COUNCIL CHAMBERS LEVEL 1 60 TASMAN TERRACE PORT LINCOLN

FILE REF AGEN201926

1 PRESENT

2 APOLOGIES

Mr Roger Nourse

Cr Faye Davis

3 MINUTES OF THE PREVIOUS COUNCIL ASSESSMENT PANEL MEETING

Confirmation of the Minutes of the Council Assessment Panel Meeting held on Monday 13 May 2019

ATTACHMENT MIN201919

Recommendation

That the Minutes of the Council Assessment Panel Meeting held Monday 13 May 2019 as per copies supplied to members be adopted as a true and correct record of that meeting

4 BUSINESS ARISING FROM THE MINUTES

5 CONFLICT OF INTEREST DECLARATION

6 ORDINARY REPORT

61 Representations Persons to be heard

Ashley Ness (Representor)

Michael Richardson - Masterplan (Applicantrsquos consultant)

City of Port Lincoln Agenda 11 June 2019

2 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

62 Development Application 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

621 Proposal

ATTACHMENT I20187928

622 Description of the Subject Land and Locality

623 Processing Requirements

6231 Form of Development

6232 Statement of Support amp Statement of Effect

ATTACHMENT I2019535

ATTACHMENT I201915179

6233 Public Notification

ATTACHMENT I20194215

ATTACHMENT I20194920

624 Agency Comments

6241 State Commission Assessment Panel

6242 SA Water

ATTACHMENT I20188452

ATTACHMENT I20188451

City of Port Lincoln Agenda 11 June 2019

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

625 Development Plan

626 Planning Assessment

6261 Allotment Configuration and Density

6262 Land Division

627 Conclusion

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and

sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of

City of Port Lincoln Agenda 11 June 2019

4 | P a g eNScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to belodged with the Development Assessment Commission for Land Division Certificate purposes

Notes

The development must be substantially commenced within 12 months of the date of thisnotification unless this period has been extended by Council

You are advised that any act or work authorised or required by this notification must becompleted within 3 years of the date of the notification unless this period is extended byCouncil

You will require a fresh consent before commencing or continuing the development if you areunable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisionaldevelopment plan consent or development approval Such an appeal must be lodged at theEnvironment Resource and Development Court within two months of the day on which youreceive this notice or such longer time as the court may allow Please contact the Court if youwish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide(Telephone number 8204 0300)

7 OTHER BUSINESS

ATTACHMENT O20193497

8 MONTHLY REPORT OF BUILDING APPROVALS

For your information

9 CLOSURE

MINUTES for the

COUNCIL ASSESSMENT PANEL MEETING

held on

MONDAY 13 MAY 2019

at 530pm

THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL CONSIDERED BY COUNCIL

ATTACHMENT MIN201919

1 | P a g eNScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

M I N U T E SCOMMITTEE COUNCIL ASSESSMENT PANEL

MEETING DATE MONDAY 13 MAY 2019 AT 530PM

LOCATION COUNCIL CHAMBERS LEVEL 1 60 TASMAN TERRACE PORT LINCOLN

FILE REF MIN201919

Meeting Opened 530pm

1 PRESENT

Mr Malcom Catt ndash Presiding MemberCr Faye DavisMr Michael BascombeMr Peter BlackerMr Roger Nourse

Also in Attendance

Ms Jess Burns ndash Coordinator Development Services Rachel McGuire ndash Minute Secretary

2 APOLOGIES

Nil

3 MINUTES OF THE PREVIOUS MEETINGS

CAP 1901 Confirmation of the Minutes of the Previous Meeting

Moved P Blacker Seconded M Bascombe

That the Minutes of the Previous Council Assessment Panel Meeting held on Monday 12 November 2018 as per copies supplied to members be confirmed as a true and correct record of that meeting

CARRIED

4 BUSINESS ARISING FROM THE MINUTES

Nil

5 CONFLICT OF INTEREST DECLARATION

Nil

City of Port Lincoln Minutes Meeting 13 May 2019

2 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

6 ORDINARY REPORT

61 Development Application 93101918 - Reserved Matter

CAP 1902 Reserved Matter - Development Application 93101918 ndash 48 amp 50 Mortlock Terracr Port Lincoln ndash TTF Andrash Commercial Family Trust Port Lincoln

Moved M Bascombe Seconded R Nourse

The Council Assessment Panel

1 Resolves that the reserved matters pertaining to the Development Plan Consent for Development Application 931019018 for a Petrol Filling Station ndash Integrated Use at 48-50 Mortlock Terrace Port Lincoln being located on Certificate of Title Volume 5389 Folio 336 and Certificate of Title Volume 5648 Folio 809 have been satisfied and a revised Decision Notification Form shall be prepared containing the following conditions and notes

Planning Conditions

City of Port Lincoln conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with

Architectural drawings prepared by Angelyn Building Designs reference 2617 pages 1-7 received by Council dated 170419

Planning Statement prepared by AcroPlan [SA] dated April 14 2019

Traffic report prepared by MFY Ref MLM17-0262 Dated 10 September 2018 unless otherwise superceded to reflect the revised building layout

Acoustic Report prepared by Sonus Acoustics Ref S5524C3 Dated March 2019

except where varied by the conditions herein

2 The Civil engineering plans prepared by Sagero and referenced in the previously issued Development Plan Consent on 12112018 shall be updated to reflect the alteration to the building configuration and submitted to Council prior to Development Approval being issued

3 Landscaping shall be established prior to the operation of the building(s) in accordance with the landscape plan provided as part of the application and shall be nurtured and maintained in good condition at all times to the reasonable satisfaction of Council

4 The hours of operation for the integrated service station complex shall be permitted over the following times- 5am to 12 midnight - 7 days a week

5 The approvalconsent shall only subsist as long as twelve (12) car parking spaces are provided in conjunction with the development

6 The carparking layout for this development shall be designed in accordance with Australian Standards AS2890 Parts 1 to 4

City of Port Lincoln Minutes Meeting 13 May 2019

3 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

7 All carparking areas shall be linemarked or paved in a distinctive fashion to delineate each carparking space and maintained in good condition at all times to the reasonable satisfaction of Council

8 No materials goods or containers shall be stored in the car park or driveways at any time

9 Driveway access shall ensure that at least 2 metres from the road drain invert shall slope to that invert and that the slope from there to the property boundary shall not exceed 1 in 5

10 All driveways access and car parking areas shall be constructed paved and sealed before any use is made of the building or land

11 All loading and unloading of vehicles and manoeuvering of vehicles in connection with the now approved land use shall be carried out entirely within the subject land

12 The applicant is advised that any works undertaken on Council owned land including but not limited to Crossovers driveways footpaths street trees and stormwater connections will require the approval of Councils Operations Department prior to any works being undertaken The applicant must complete and return the driveway crossover form to obtain a separate approval for such works

13 The stormwater shall be disposed of in such a manner that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions

14 Roof stormwater is to be collected for reuse on site

15 All external lighting of the site including car parking areas and buildings shall be designed and constructed to conform with Australian Standards and must be located directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond this site

16 The signs shall be maintained in good condition at all times to the reasonable satisfaction of Council

17 Signage should not contain any element of LED or LCD display except for the fuel prices on the pylon sign

18 Signage should not flash scroll move or change with the exception of the LED fuel price signs which may change on an as-needs basis

19 Any graffiti shall be removed from structures on site at the cost of the applicant within 3 business days of graffiti being placed on the structure

20 During the period that the development is being undertaken all paper plastic rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council

City of Port Lincoln Minutes Meeting 13 May 2019

4 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

21 The developer shall employ measures to eliminate dust emission from the site during the construction period so as not to cause nuisance to adjoining residents

22 All refuelling actvities occuring on the site shall only occur between the hours of 7am to 7pm seven (7) days per week to reduce the impacts on adjoining landowners

Department of Planning Transport and Infrastructure conditions

23 The Mortlock Terraces shall be located and constructed in accordance with the Site Plan by Angelyn Building Designs Job No 2617 dated 26 July 2018 The accesses shall be appropriately angled to the road and signed line marked to reinforce the desired traffic flow through each access

24 All vehicles shall enter and exit the site in a forward direction

25 All obsolete crossovers (and any portion thereof) shall be reinstated to Council standard kerb and gutter at the applicantrsquos expense prior to operation of the development

26 No stormwater shall be permitted to discharge on-surface to the adjacent road In addition any existing stormwater is to be accommodated in the development and any alterations to existing road drainage infrastructure as a result of the development are to be at the expense of the applicant

Environment Protection Authority conditions

27 Prior to operation all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which included underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling

28 Prior to operation all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling

29 All runoff from hardstand areas must be diverted through a SPEL Class 1 Full Retention Puraceptor (or equivalent) prior to discharge to Councilrsquos stormwater infrastructure

30 Any sludge or oily residue collected with the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot

31 All underground fuel storage tanks must be double-walled with in-built pressure leak detectors

32 All fuel lines between the tanks and dispensers must be double-walled and fitted with a leak detection system

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

1 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

2 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

7 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 2: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

AGENDA for the

COUNCIL ASSESSMENT PANEL MEETING

to be held on

TUESDAY 11 JUNE 2019

commencing at 530pm

THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL CONSIDERED BY COUNCIL

1 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

A G E N D A COMMITTEE COUNCIL ASSESSMENT PANEL

MEETING DATE TUESDAY 11 JUNE 2019

LOCATION COUNCIL CHAMBERS LEVEL 1 60 TASMAN TERRACE PORT LINCOLN

FILE REF AGEN201926

1 PRESENT

2 APOLOGIES

Mr Roger Nourse

Cr Faye Davis

3 MINUTES OF THE PREVIOUS COUNCIL ASSESSMENT PANEL MEETING

Confirmation of the Minutes of the Council Assessment Panel Meeting held on Monday 13 May 2019

ATTACHMENT MIN201919

Recommendation

That the Minutes of the Council Assessment Panel Meeting held Monday 13 May 2019 as per copies supplied to members be adopted as a true and correct record of that meeting

4 BUSINESS ARISING FROM THE MINUTES

5 CONFLICT OF INTEREST DECLARATION

6 ORDINARY REPORT

61 Representations Persons to be heard

Ashley Ness (Representor)

Michael Richardson - Masterplan (Applicantrsquos consultant)

City of Port Lincoln Agenda 11 June 2019

2 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

62 Development Application 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

621 Proposal

ATTACHMENT I20187928

622 Description of the Subject Land and Locality

623 Processing Requirements

6231 Form of Development

6232 Statement of Support amp Statement of Effect

ATTACHMENT I2019535

ATTACHMENT I201915179

6233 Public Notification

ATTACHMENT I20194215

ATTACHMENT I20194920

624 Agency Comments

6241 State Commission Assessment Panel

6242 SA Water

ATTACHMENT I20188452

ATTACHMENT I20188451

City of Port Lincoln Agenda 11 June 2019

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

625 Development Plan

626 Planning Assessment

6261 Allotment Configuration and Density

6262 Land Division

627 Conclusion

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and

sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of

City of Port Lincoln Agenda 11 June 2019

4 | P a g eNScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to belodged with the Development Assessment Commission for Land Division Certificate purposes

Notes

The development must be substantially commenced within 12 months of the date of thisnotification unless this period has been extended by Council

You are advised that any act or work authorised or required by this notification must becompleted within 3 years of the date of the notification unless this period is extended byCouncil

You will require a fresh consent before commencing or continuing the development if you areunable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisionaldevelopment plan consent or development approval Such an appeal must be lodged at theEnvironment Resource and Development Court within two months of the day on which youreceive this notice or such longer time as the court may allow Please contact the Court if youwish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide(Telephone number 8204 0300)

7 OTHER BUSINESS

ATTACHMENT O20193497

8 MONTHLY REPORT OF BUILDING APPROVALS

For your information

9 CLOSURE

MINUTES for the

COUNCIL ASSESSMENT PANEL MEETING

held on

MONDAY 13 MAY 2019

at 530pm

THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL CONSIDERED BY COUNCIL

ATTACHMENT MIN201919

1 | P a g eNScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

M I N U T E SCOMMITTEE COUNCIL ASSESSMENT PANEL

MEETING DATE MONDAY 13 MAY 2019 AT 530PM

LOCATION COUNCIL CHAMBERS LEVEL 1 60 TASMAN TERRACE PORT LINCOLN

FILE REF MIN201919

Meeting Opened 530pm

1 PRESENT

Mr Malcom Catt ndash Presiding MemberCr Faye DavisMr Michael BascombeMr Peter BlackerMr Roger Nourse

Also in Attendance

Ms Jess Burns ndash Coordinator Development Services Rachel McGuire ndash Minute Secretary

2 APOLOGIES

Nil

3 MINUTES OF THE PREVIOUS MEETINGS

CAP 1901 Confirmation of the Minutes of the Previous Meeting

Moved P Blacker Seconded M Bascombe

That the Minutes of the Previous Council Assessment Panel Meeting held on Monday 12 November 2018 as per copies supplied to members be confirmed as a true and correct record of that meeting

CARRIED

4 BUSINESS ARISING FROM THE MINUTES

Nil

5 CONFLICT OF INTEREST DECLARATION

Nil

City of Port Lincoln Minutes Meeting 13 May 2019

2 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

6 ORDINARY REPORT

61 Development Application 93101918 - Reserved Matter

CAP 1902 Reserved Matter - Development Application 93101918 ndash 48 amp 50 Mortlock Terracr Port Lincoln ndash TTF Andrash Commercial Family Trust Port Lincoln

Moved M Bascombe Seconded R Nourse

The Council Assessment Panel

1 Resolves that the reserved matters pertaining to the Development Plan Consent for Development Application 931019018 for a Petrol Filling Station ndash Integrated Use at 48-50 Mortlock Terrace Port Lincoln being located on Certificate of Title Volume 5389 Folio 336 and Certificate of Title Volume 5648 Folio 809 have been satisfied and a revised Decision Notification Form shall be prepared containing the following conditions and notes

Planning Conditions

City of Port Lincoln conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with

Architectural drawings prepared by Angelyn Building Designs reference 2617 pages 1-7 received by Council dated 170419

Planning Statement prepared by AcroPlan [SA] dated April 14 2019

Traffic report prepared by MFY Ref MLM17-0262 Dated 10 September 2018 unless otherwise superceded to reflect the revised building layout

Acoustic Report prepared by Sonus Acoustics Ref S5524C3 Dated March 2019

except where varied by the conditions herein

2 The Civil engineering plans prepared by Sagero and referenced in the previously issued Development Plan Consent on 12112018 shall be updated to reflect the alteration to the building configuration and submitted to Council prior to Development Approval being issued

3 Landscaping shall be established prior to the operation of the building(s) in accordance with the landscape plan provided as part of the application and shall be nurtured and maintained in good condition at all times to the reasonable satisfaction of Council

4 The hours of operation for the integrated service station complex shall be permitted over the following times- 5am to 12 midnight - 7 days a week

5 The approvalconsent shall only subsist as long as twelve (12) car parking spaces are provided in conjunction with the development

6 The carparking layout for this development shall be designed in accordance with Australian Standards AS2890 Parts 1 to 4

City of Port Lincoln Minutes Meeting 13 May 2019

3 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

7 All carparking areas shall be linemarked or paved in a distinctive fashion to delineate each carparking space and maintained in good condition at all times to the reasonable satisfaction of Council

8 No materials goods or containers shall be stored in the car park or driveways at any time

9 Driveway access shall ensure that at least 2 metres from the road drain invert shall slope to that invert and that the slope from there to the property boundary shall not exceed 1 in 5

10 All driveways access and car parking areas shall be constructed paved and sealed before any use is made of the building or land

11 All loading and unloading of vehicles and manoeuvering of vehicles in connection with the now approved land use shall be carried out entirely within the subject land

12 The applicant is advised that any works undertaken on Council owned land including but not limited to Crossovers driveways footpaths street trees and stormwater connections will require the approval of Councils Operations Department prior to any works being undertaken The applicant must complete and return the driveway crossover form to obtain a separate approval for such works

13 The stormwater shall be disposed of in such a manner that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions

14 Roof stormwater is to be collected for reuse on site

15 All external lighting of the site including car parking areas and buildings shall be designed and constructed to conform with Australian Standards and must be located directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond this site

16 The signs shall be maintained in good condition at all times to the reasonable satisfaction of Council

17 Signage should not contain any element of LED or LCD display except for the fuel prices on the pylon sign

18 Signage should not flash scroll move or change with the exception of the LED fuel price signs which may change on an as-needs basis

19 Any graffiti shall be removed from structures on site at the cost of the applicant within 3 business days of graffiti being placed on the structure

20 During the period that the development is being undertaken all paper plastic rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council

City of Port Lincoln Minutes Meeting 13 May 2019

4 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

21 The developer shall employ measures to eliminate dust emission from the site during the construction period so as not to cause nuisance to adjoining residents

22 All refuelling actvities occuring on the site shall only occur between the hours of 7am to 7pm seven (7) days per week to reduce the impacts on adjoining landowners

Department of Planning Transport and Infrastructure conditions

23 The Mortlock Terraces shall be located and constructed in accordance with the Site Plan by Angelyn Building Designs Job No 2617 dated 26 July 2018 The accesses shall be appropriately angled to the road and signed line marked to reinforce the desired traffic flow through each access

24 All vehicles shall enter and exit the site in a forward direction

25 All obsolete crossovers (and any portion thereof) shall be reinstated to Council standard kerb and gutter at the applicantrsquos expense prior to operation of the development

26 No stormwater shall be permitted to discharge on-surface to the adjacent road In addition any existing stormwater is to be accommodated in the development and any alterations to existing road drainage infrastructure as a result of the development are to be at the expense of the applicant

Environment Protection Authority conditions

27 Prior to operation all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which included underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling

28 Prior to operation all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling

29 All runoff from hardstand areas must be diverted through a SPEL Class 1 Full Retention Puraceptor (or equivalent) prior to discharge to Councilrsquos stormwater infrastructure

30 Any sludge or oily residue collected with the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot

31 All underground fuel storage tanks must be double-walled with in-built pressure leak detectors

32 All fuel lines between the tanks and dispensers must be double-walled and fitted with a leak detection system

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

1 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

2 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

7 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 3: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

1 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

A G E N D A COMMITTEE COUNCIL ASSESSMENT PANEL

MEETING DATE TUESDAY 11 JUNE 2019

LOCATION COUNCIL CHAMBERS LEVEL 1 60 TASMAN TERRACE PORT LINCOLN

FILE REF AGEN201926

1 PRESENT

2 APOLOGIES

Mr Roger Nourse

Cr Faye Davis

3 MINUTES OF THE PREVIOUS COUNCIL ASSESSMENT PANEL MEETING

Confirmation of the Minutes of the Council Assessment Panel Meeting held on Monday 13 May 2019

ATTACHMENT MIN201919

Recommendation

That the Minutes of the Council Assessment Panel Meeting held Monday 13 May 2019 as per copies supplied to members be adopted as a true and correct record of that meeting

4 BUSINESS ARISING FROM THE MINUTES

5 CONFLICT OF INTEREST DECLARATION

6 ORDINARY REPORT

61 Representations Persons to be heard

Ashley Ness (Representor)

Michael Richardson - Masterplan (Applicantrsquos consultant)

City of Port Lincoln Agenda 11 June 2019

2 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

62 Development Application 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

621 Proposal

ATTACHMENT I20187928

622 Description of the Subject Land and Locality

623 Processing Requirements

6231 Form of Development

6232 Statement of Support amp Statement of Effect

ATTACHMENT I2019535

ATTACHMENT I201915179

6233 Public Notification

ATTACHMENT I20194215

ATTACHMENT I20194920

624 Agency Comments

6241 State Commission Assessment Panel

6242 SA Water

ATTACHMENT I20188452

ATTACHMENT I20188451

City of Port Lincoln Agenda 11 June 2019

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

625 Development Plan

626 Planning Assessment

6261 Allotment Configuration and Density

6262 Land Division

627 Conclusion

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and

sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of

City of Port Lincoln Agenda 11 June 2019

4 | P a g eNScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to belodged with the Development Assessment Commission for Land Division Certificate purposes

Notes

The development must be substantially commenced within 12 months of the date of thisnotification unless this period has been extended by Council

You are advised that any act or work authorised or required by this notification must becompleted within 3 years of the date of the notification unless this period is extended byCouncil

You will require a fresh consent before commencing or continuing the development if you areunable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisionaldevelopment plan consent or development approval Such an appeal must be lodged at theEnvironment Resource and Development Court within two months of the day on which youreceive this notice or such longer time as the court may allow Please contact the Court if youwish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide(Telephone number 8204 0300)

7 OTHER BUSINESS

ATTACHMENT O20193497

8 MONTHLY REPORT OF BUILDING APPROVALS

For your information

9 CLOSURE

MINUTES for the

COUNCIL ASSESSMENT PANEL MEETING

held on

MONDAY 13 MAY 2019

at 530pm

THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL CONSIDERED BY COUNCIL

ATTACHMENT MIN201919

1 | P a g eNScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

M I N U T E SCOMMITTEE COUNCIL ASSESSMENT PANEL

MEETING DATE MONDAY 13 MAY 2019 AT 530PM

LOCATION COUNCIL CHAMBERS LEVEL 1 60 TASMAN TERRACE PORT LINCOLN

FILE REF MIN201919

Meeting Opened 530pm

1 PRESENT

Mr Malcom Catt ndash Presiding MemberCr Faye DavisMr Michael BascombeMr Peter BlackerMr Roger Nourse

Also in Attendance

Ms Jess Burns ndash Coordinator Development Services Rachel McGuire ndash Minute Secretary

2 APOLOGIES

Nil

3 MINUTES OF THE PREVIOUS MEETINGS

CAP 1901 Confirmation of the Minutes of the Previous Meeting

Moved P Blacker Seconded M Bascombe

That the Minutes of the Previous Council Assessment Panel Meeting held on Monday 12 November 2018 as per copies supplied to members be confirmed as a true and correct record of that meeting

CARRIED

4 BUSINESS ARISING FROM THE MINUTES

Nil

5 CONFLICT OF INTEREST DECLARATION

Nil

City of Port Lincoln Minutes Meeting 13 May 2019

2 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

6 ORDINARY REPORT

61 Development Application 93101918 - Reserved Matter

CAP 1902 Reserved Matter - Development Application 93101918 ndash 48 amp 50 Mortlock Terracr Port Lincoln ndash TTF Andrash Commercial Family Trust Port Lincoln

Moved M Bascombe Seconded R Nourse

The Council Assessment Panel

1 Resolves that the reserved matters pertaining to the Development Plan Consent for Development Application 931019018 for a Petrol Filling Station ndash Integrated Use at 48-50 Mortlock Terrace Port Lincoln being located on Certificate of Title Volume 5389 Folio 336 and Certificate of Title Volume 5648 Folio 809 have been satisfied and a revised Decision Notification Form shall be prepared containing the following conditions and notes

Planning Conditions

City of Port Lincoln conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with

Architectural drawings prepared by Angelyn Building Designs reference 2617 pages 1-7 received by Council dated 170419

Planning Statement prepared by AcroPlan [SA] dated April 14 2019

Traffic report prepared by MFY Ref MLM17-0262 Dated 10 September 2018 unless otherwise superceded to reflect the revised building layout

Acoustic Report prepared by Sonus Acoustics Ref S5524C3 Dated March 2019

except where varied by the conditions herein

2 The Civil engineering plans prepared by Sagero and referenced in the previously issued Development Plan Consent on 12112018 shall be updated to reflect the alteration to the building configuration and submitted to Council prior to Development Approval being issued

3 Landscaping shall be established prior to the operation of the building(s) in accordance with the landscape plan provided as part of the application and shall be nurtured and maintained in good condition at all times to the reasonable satisfaction of Council

4 The hours of operation for the integrated service station complex shall be permitted over the following times- 5am to 12 midnight - 7 days a week

5 The approvalconsent shall only subsist as long as twelve (12) car parking spaces are provided in conjunction with the development

6 The carparking layout for this development shall be designed in accordance with Australian Standards AS2890 Parts 1 to 4

City of Port Lincoln Minutes Meeting 13 May 2019

3 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

7 All carparking areas shall be linemarked or paved in a distinctive fashion to delineate each carparking space and maintained in good condition at all times to the reasonable satisfaction of Council

8 No materials goods or containers shall be stored in the car park or driveways at any time

9 Driveway access shall ensure that at least 2 metres from the road drain invert shall slope to that invert and that the slope from there to the property boundary shall not exceed 1 in 5

10 All driveways access and car parking areas shall be constructed paved and sealed before any use is made of the building or land

11 All loading and unloading of vehicles and manoeuvering of vehicles in connection with the now approved land use shall be carried out entirely within the subject land

12 The applicant is advised that any works undertaken on Council owned land including but not limited to Crossovers driveways footpaths street trees and stormwater connections will require the approval of Councils Operations Department prior to any works being undertaken The applicant must complete and return the driveway crossover form to obtain a separate approval for such works

13 The stormwater shall be disposed of in such a manner that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions

14 Roof stormwater is to be collected for reuse on site

15 All external lighting of the site including car parking areas and buildings shall be designed and constructed to conform with Australian Standards and must be located directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond this site

16 The signs shall be maintained in good condition at all times to the reasonable satisfaction of Council

17 Signage should not contain any element of LED or LCD display except for the fuel prices on the pylon sign

18 Signage should not flash scroll move or change with the exception of the LED fuel price signs which may change on an as-needs basis

19 Any graffiti shall be removed from structures on site at the cost of the applicant within 3 business days of graffiti being placed on the structure

20 During the period that the development is being undertaken all paper plastic rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council

City of Port Lincoln Minutes Meeting 13 May 2019

4 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

21 The developer shall employ measures to eliminate dust emission from the site during the construction period so as not to cause nuisance to adjoining residents

22 All refuelling actvities occuring on the site shall only occur between the hours of 7am to 7pm seven (7) days per week to reduce the impacts on adjoining landowners

Department of Planning Transport and Infrastructure conditions

23 The Mortlock Terraces shall be located and constructed in accordance with the Site Plan by Angelyn Building Designs Job No 2617 dated 26 July 2018 The accesses shall be appropriately angled to the road and signed line marked to reinforce the desired traffic flow through each access

24 All vehicles shall enter and exit the site in a forward direction

25 All obsolete crossovers (and any portion thereof) shall be reinstated to Council standard kerb and gutter at the applicantrsquos expense prior to operation of the development

26 No stormwater shall be permitted to discharge on-surface to the adjacent road In addition any existing stormwater is to be accommodated in the development and any alterations to existing road drainage infrastructure as a result of the development are to be at the expense of the applicant

Environment Protection Authority conditions

27 Prior to operation all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which included underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling

28 Prior to operation all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling

29 All runoff from hardstand areas must be diverted through a SPEL Class 1 Full Retention Puraceptor (or equivalent) prior to discharge to Councilrsquos stormwater infrastructure

30 Any sludge or oily residue collected with the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot

31 All underground fuel storage tanks must be double-walled with in-built pressure leak detectors

32 All fuel lines between the tanks and dispensers must be double-walled and fitted with a leak detection system

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

1 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

2 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

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(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

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ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

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14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

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The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

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(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

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You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 4: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln Agenda 11 June 2019

2 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

62 Development Application 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

621 Proposal

ATTACHMENT I20187928

622 Description of the Subject Land and Locality

623 Processing Requirements

6231 Form of Development

6232 Statement of Support amp Statement of Effect

ATTACHMENT I2019535

ATTACHMENT I201915179

6233 Public Notification

ATTACHMENT I20194215

ATTACHMENT I20194920

624 Agency Comments

6241 State Commission Assessment Panel

6242 SA Water

ATTACHMENT I20188452

ATTACHMENT I20188451

City of Port Lincoln Agenda 11 June 2019

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

625 Development Plan

626 Planning Assessment

6261 Allotment Configuration and Density

6262 Land Division

627 Conclusion

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and

sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of

City of Port Lincoln Agenda 11 June 2019

4 | P a g eNScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to belodged with the Development Assessment Commission for Land Division Certificate purposes

Notes

The development must be substantially commenced within 12 months of the date of thisnotification unless this period has been extended by Council

You are advised that any act or work authorised or required by this notification must becompleted within 3 years of the date of the notification unless this period is extended byCouncil

You will require a fresh consent before commencing or continuing the development if you areunable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisionaldevelopment plan consent or development approval Such an appeal must be lodged at theEnvironment Resource and Development Court within two months of the day on which youreceive this notice or such longer time as the court may allow Please contact the Court if youwish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide(Telephone number 8204 0300)

7 OTHER BUSINESS

ATTACHMENT O20193497

8 MONTHLY REPORT OF BUILDING APPROVALS

For your information

9 CLOSURE

MINUTES for the

COUNCIL ASSESSMENT PANEL MEETING

held on

MONDAY 13 MAY 2019

at 530pm

THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL CONSIDERED BY COUNCIL

ATTACHMENT MIN201919

1 | P a g eNScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

M I N U T E SCOMMITTEE COUNCIL ASSESSMENT PANEL

MEETING DATE MONDAY 13 MAY 2019 AT 530PM

LOCATION COUNCIL CHAMBERS LEVEL 1 60 TASMAN TERRACE PORT LINCOLN

FILE REF MIN201919

Meeting Opened 530pm

1 PRESENT

Mr Malcom Catt ndash Presiding MemberCr Faye DavisMr Michael BascombeMr Peter BlackerMr Roger Nourse

Also in Attendance

Ms Jess Burns ndash Coordinator Development Services Rachel McGuire ndash Minute Secretary

2 APOLOGIES

Nil

3 MINUTES OF THE PREVIOUS MEETINGS

CAP 1901 Confirmation of the Minutes of the Previous Meeting

Moved P Blacker Seconded M Bascombe

That the Minutes of the Previous Council Assessment Panel Meeting held on Monday 12 November 2018 as per copies supplied to members be confirmed as a true and correct record of that meeting

CARRIED

4 BUSINESS ARISING FROM THE MINUTES

Nil

5 CONFLICT OF INTEREST DECLARATION

Nil

City of Port Lincoln Minutes Meeting 13 May 2019

2 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

6 ORDINARY REPORT

61 Development Application 93101918 - Reserved Matter

CAP 1902 Reserved Matter - Development Application 93101918 ndash 48 amp 50 Mortlock Terracr Port Lincoln ndash TTF Andrash Commercial Family Trust Port Lincoln

Moved M Bascombe Seconded R Nourse

The Council Assessment Panel

1 Resolves that the reserved matters pertaining to the Development Plan Consent for Development Application 931019018 for a Petrol Filling Station ndash Integrated Use at 48-50 Mortlock Terrace Port Lincoln being located on Certificate of Title Volume 5389 Folio 336 and Certificate of Title Volume 5648 Folio 809 have been satisfied and a revised Decision Notification Form shall be prepared containing the following conditions and notes

Planning Conditions

City of Port Lincoln conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with

Architectural drawings prepared by Angelyn Building Designs reference 2617 pages 1-7 received by Council dated 170419

Planning Statement prepared by AcroPlan [SA] dated April 14 2019

Traffic report prepared by MFY Ref MLM17-0262 Dated 10 September 2018 unless otherwise superceded to reflect the revised building layout

Acoustic Report prepared by Sonus Acoustics Ref S5524C3 Dated March 2019

except where varied by the conditions herein

2 The Civil engineering plans prepared by Sagero and referenced in the previously issued Development Plan Consent on 12112018 shall be updated to reflect the alteration to the building configuration and submitted to Council prior to Development Approval being issued

3 Landscaping shall be established prior to the operation of the building(s) in accordance with the landscape plan provided as part of the application and shall be nurtured and maintained in good condition at all times to the reasonable satisfaction of Council

4 The hours of operation for the integrated service station complex shall be permitted over the following times- 5am to 12 midnight - 7 days a week

5 The approvalconsent shall only subsist as long as twelve (12) car parking spaces are provided in conjunction with the development

6 The carparking layout for this development shall be designed in accordance with Australian Standards AS2890 Parts 1 to 4

City of Port Lincoln Minutes Meeting 13 May 2019

3 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

7 All carparking areas shall be linemarked or paved in a distinctive fashion to delineate each carparking space and maintained in good condition at all times to the reasonable satisfaction of Council

8 No materials goods or containers shall be stored in the car park or driveways at any time

9 Driveway access shall ensure that at least 2 metres from the road drain invert shall slope to that invert and that the slope from there to the property boundary shall not exceed 1 in 5

10 All driveways access and car parking areas shall be constructed paved and sealed before any use is made of the building or land

11 All loading and unloading of vehicles and manoeuvering of vehicles in connection with the now approved land use shall be carried out entirely within the subject land

12 The applicant is advised that any works undertaken on Council owned land including but not limited to Crossovers driveways footpaths street trees and stormwater connections will require the approval of Councils Operations Department prior to any works being undertaken The applicant must complete and return the driveway crossover form to obtain a separate approval for such works

13 The stormwater shall be disposed of in such a manner that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions

14 Roof stormwater is to be collected for reuse on site

15 All external lighting of the site including car parking areas and buildings shall be designed and constructed to conform with Australian Standards and must be located directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond this site

16 The signs shall be maintained in good condition at all times to the reasonable satisfaction of Council

17 Signage should not contain any element of LED or LCD display except for the fuel prices on the pylon sign

18 Signage should not flash scroll move or change with the exception of the LED fuel price signs which may change on an as-needs basis

19 Any graffiti shall be removed from structures on site at the cost of the applicant within 3 business days of graffiti being placed on the structure

20 During the period that the development is being undertaken all paper plastic rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council

City of Port Lincoln Minutes Meeting 13 May 2019

4 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

21 The developer shall employ measures to eliminate dust emission from the site during the construction period so as not to cause nuisance to adjoining residents

22 All refuelling actvities occuring on the site shall only occur between the hours of 7am to 7pm seven (7) days per week to reduce the impacts on adjoining landowners

Department of Planning Transport and Infrastructure conditions

23 The Mortlock Terraces shall be located and constructed in accordance with the Site Plan by Angelyn Building Designs Job No 2617 dated 26 July 2018 The accesses shall be appropriately angled to the road and signed line marked to reinforce the desired traffic flow through each access

24 All vehicles shall enter and exit the site in a forward direction

25 All obsolete crossovers (and any portion thereof) shall be reinstated to Council standard kerb and gutter at the applicantrsquos expense prior to operation of the development

26 No stormwater shall be permitted to discharge on-surface to the adjacent road In addition any existing stormwater is to be accommodated in the development and any alterations to existing road drainage infrastructure as a result of the development are to be at the expense of the applicant

Environment Protection Authority conditions

27 Prior to operation all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which included underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling

28 Prior to operation all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling

29 All runoff from hardstand areas must be diverted through a SPEL Class 1 Full Retention Puraceptor (or equivalent) prior to discharge to Councilrsquos stormwater infrastructure

30 Any sludge or oily residue collected with the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot

31 All underground fuel storage tanks must be double-walled with in-built pressure leak detectors

32 All fuel lines between the tanks and dispensers must be double-walled and fitted with a leak detection system

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

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R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

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A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

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13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

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(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

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ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

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14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

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The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

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(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

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Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

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You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 5: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln Agenda 11 June 2019

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

625 Development Plan

626 Planning Assessment

6261 Allotment Configuration and Density

6262 Land Division

627 Conclusion

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and

sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of

City of Port Lincoln Agenda 11 June 2019

4 | P a g eNScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to belodged with the Development Assessment Commission for Land Division Certificate purposes

Notes

The development must be substantially commenced within 12 months of the date of thisnotification unless this period has been extended by Council

You are advised that any act or work authorised or required by this notification must becompleted within 3 years of the date of the notification unless this period is extended byCouncil

You will require a fresh consent before commencing or continuing the development if you areunable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisionaldevelopment plan consent or development approval Such an appeal must be lodged at theEnvironment Resource and Development Court within two months of the day on which youreceive this notice or such longer time as the court may allow Please contact the Court if youwish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide(Telephone number 8204 0300)

7 OTHER BUSINESS

ATTACHMENT O20193497

8 MONTHLY REPORT OF BUILDING APPROVALS

For your information

9 CLOSURE

MINUTES for the

COUNCIL ASSESSMENT PANEL MEETING

held on

MONDAY 13 MAY 2019

at 530pm

THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL CONSIDERED BY COUNCIL

ATTACHMENT MIN201919

1 | P a g eNScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

M I N U T E SCOMMITTEE COUNCIL ASSESSMENT PANEL

MEETING DATE MONDAY 13 MAY 2019 AT 530PM

LOCATION COUNCIL CHAMBERS LEVEL 1 60 TASMAN TERRACE PORT LINCOLN

FILE REF MIN201919

Meeting Opened 530pm

1 PRESENT

Mr Malcom Catt ndash Presiding MemberCr Faye DavisMr Michael BascombeMr Peter BlackerMr Roger Nourse

Also in Attendance

Ms Jess Burns ndash Coordinator Development Services Rachel McGuire ndash Minute Secretary

2 APOLOGIES

Nil

3 MINUTES OF THE PREVIOUS MEETINGS

CAP 1901 Confirmation of the Minutes of the Previous Meeting

Moved P Blacker Seconded M Bascombe

That the Minutes of the Previous Council Assessment Panel Meeting held on Monday 12 November 2018 as per copies supplied to members be confirmed as a true and correct record of that meeting

CARRIED

4 BUSINESS ARISING FROM THE MINUTES

Nil

5 CONFLICT OF INTEREST DECLARATION

Nil

City of Port Lincoln Minutes Meeting 13 May 2019

2 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

6 ORDINARY REPORT

61 Development Application 93101918 - Reserved Matter

CAP 1902 Reserved Matter - Development Application 93101918 ndash 48 amp 50 Mortlock Terracr Port Lincoln ndash TTF Andrash Commercial Family Trust Port Lincoln

Moved M Bascombe Seconded R Nourse

The Council Assessment Panel

1 Resolves that the reserved matters pertaining to the Development Plan Consent for Development Application 931019018 for a Petrol Filling Station ndash Integrated Use at 48-50 Mortlock Terrace Port Lincoln being located on Certificate of Title Volume 5389 Folio 336 and Certificate of Title Volume 5648 Folio 809 have been satisfied and a revised Decision Notification Form shall be prepared containing the following conditions and notes

Planning Conditions

City of Port Lincoln conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with

Architectural drawings prepared by Angelyn Building Designs reference 2617 pages 1-7 received by Council dated 170419

Planning Statement prepared by AcroPlan [SA] dated April 14 2019

Traffic report prepared by MFY Ref MLM17-0262 Dated 10 September 2018 unless otherwise superceded to reflect the revised building layout

Acoustic Report prepared by Sonus Acoustics Ref S5524C3 Dated March 2019

except where varied by the conditions herein

2 The Civil engineering plans prepared by Sagero and referenced in the previously issued Development Plan Consent on 12112018 shall be updated to reflect the alteration to the building configuration and submitted to Council prior to Development Approval being issued

3 Landscaping shall be established prior to the operation of the building(s) in accordance with the landscape plan provided as part of the application and shall be nurtured and maintained in good condition at all times to the reasonable satisfaction of Council

4 The hours of operation for the integrated service station complex shall be permitted over the following times- 5am to 12 midnight - 7 days a week

5 The approvalconsent shall only subsist as long as twelve (12) car parking spaces are provided in conjunction with the development

6 The carparking layout for this development shall be designed in accordance with Australian Standards AS2890 Parts 1 to 4

City of Port Lincoln Minutes Meeting 13 May 2019

3 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

7 All carparking areas shall be linemarked or paved in a distinctive fashion to delineate each carparking space and maintained in good condition at all times to the reasonable satisfaction of Council

8 No materials goods or containers shall be stored in the car park or driveways at any time

9 Driveway access shall ensure that at least 2 metres from the road drain invert shall slope to that invert and that the slope from there to the property boundary shall not exceed 1 in 5

10 All driveways access and car parking areas shall be constructed paved and sealed before any use is made of the building or land

11 All loading and unloading of vehicles and manoeuvering of vehicles in connection with the now approved land use shall be carried out entirely within the subject land

12 The applicant is advised that any works undertaken on Council owned land including but not limited to Crossovers driveways footpaths street trees and stormwater connections will require the approval of Councils Operations Department prior to any works being undertaken The applicant must complete and return the driveway crossover form to obtain a separate approval for such works

13 The stormwater shall be disposed of in such a manner that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions

14 Roof stormwater is to be collected for reuse on site

15 All external lighting of the site including car parking areas and buildings shall be designed and constructed to conform with Australian Standards and must be located directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond this site

16 The signs shall be maintained in good condition at all times to the reasonable satisfaction of Council

17 Signage should not contain any element of LED or LCD display except for the fuel prices on the pylon sign

18 Signage should not flash scroll move or change with the exception of the LED fuel price signs which may change on an as-needs basis

19 Any graffiti shall be removed from structures on site at the cost of the applicant within 3 business days of graffiti being placed on the structure

20 During the period that the development is being undertaken all paper plastic rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council

City of Port Lincoln Minutes Meeting 13 May 2019

4 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

21 The developer shall employ measures to eliminate dust emission from the site during the construction period so as not to cause nuisance to adjoining residents

22 All refuelling actvities occuring on the site shall only occur between the hours of 7am to 7pm seven (7) days per week to reduce the impacts on adjoining landowners

Department of Planning Transport and Infrastructure conditions

23 The Mortlock Terraces shall be located and constructed in accordance with the Site Plan by Angelyn Building Designs Job No 2617 dated 26 July 2018 The accesses shall be appropriately angled to the road and signed line marked to reinforce the desired traffic flow through each access

24 All vehicles shall enter and exit the site in a forward direction

25 All obsolete crossovers (and any portion thereof) shall be reinstated to Council standard kerb and gutter at the applicantrsquos expense prior to operation of the development

26 No stormwater shall be permitted to discharge on-surface to the adjacent road In addition any existing stormwater is to be accommodated in the development and any alterations to existing road drainage infrastructure as a result of the development are to be at the expense of the applicant

Environment Protection Authority conditions

27 Prior to operation all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which included underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling

28 Prior to operation all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling

29 All runoff from hardstand areas must be diverted through a SPEL Class 1 Full Retention Puraceptor (or equivalent) prior to discharge to Councilrsquos stormwater infrastructure

30 Any sludge or oily residue collected with the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot

31 All underground fuel storage tanks must be double-walled with in-built pressure leak detectors

32 All fuel lines between the tanks and dispensers must be double-walled and fitted with a leak detection system

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

1 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

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A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

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The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 6: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln Agenda 11 June 2019

4 | P a g eNScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019AGEN201926 - CAP AGENDA 20190611docx

Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to belodged with the Development Assessment Commission for Land Division Certificate purposes

Notes

The development must be substantially commenced within 12 months of the date of thisnotification unless this period has been extended by Council

You are advised that any act or work authorised or required by this notification must becompleted within 3 years of the date of the notification unless this period is extended byCouncil

You will require a fresh consent before commencing or continuing the development if you areunable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisionaldevelopment plan consent or development approval Such an appeal must be lodged at theEnvironment Resource and Development Court within two months of the day on which youreceive this notice or such longer time as the court may allow Please contact the Court if youwish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide(Telephone number 8204 0300)

7 OTHER BUSINESS

ATTACHMENT O20193497

8 MONTHLY REPORT OF BUILDING APPROVALS

For your information

9 CLOSURE

MINUTES for the

COUNCIL ASSESSMENT PANEL MEETING

held on

MONDAY 13 MAY 2019

at 530pm

THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL CONSIDERED BY COUNCIL

ATTACHMENT MIN201919

1 | P a g eNScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

M I N U T E SCOMMITTEE COUNCIL ASSESSMENT PANEL

MEETING DATE MONDAY 13 MAY 2019 AT 530PM

LOCATION COUNCIL CHAMBERS LEVEL 1 60 TASMAN TERRACE PORT LINCOLN

FILE REF MIN201919

Meeting Opened 530pm

1 PRESENT

Mr Malcom Catt ndash Presiding MemberCr Faye DavisMr Michael BascombeMr Peter BlackerMr Roger Nourse

Also in Attendance

Ms Jess Burns ndash Coordinator Development Services Rachel McGuire ndash Minute Secretary

2 APOLOGIES

Nil

3 MINUTES OF THE PREVIOUS MEETINGS

CAP 1901 Confirmation of the Minutes of the Previous Meeting

Moved P Blacker Seconded M Bascombe

That the Minutes of the Previous Council Assessment Panel Meeting held on Monday 12 November 2018 as per copies supplied to members be confirmed as a true and correct record of that meeting

CARRIED

4 BUSINESS ARISING FROM THE MINUTES

Nil

5 CONFLICT OF INTEREST DECLARATION

Nil

City of Port Lincoln Minutes Meeting 13 May 2019

2 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

6 ORDINARY REPORT

61 Development Application 93101918 - Reserved Matter

CAP 1902 Reserved Matter - Development Application 93101918 ndash 48 amp 50 Mortlock Terracr Port Lincoln ndash TTF Andrash Commercial Family Trust Port Lincoln

Moved M Bascombe Seconded R Nourse

The Council Assessment Panel

1 Resolves that the reserved matters pertaining to the Development Plan Consent for Development Application 931019018 for a Petrol Filling Station ndash Integrated Use at 48-50 Mortlock Terrace Port Lincoln being located on Certificate of Title Volume 5389 Folio 336 and Certificate of Title Volume 5648 Folio 809 have been satisfied and a revised Decision Notification Form shall be prepared containing the following conditions and notes

Planning Conditions

City of Port Lincoln conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with

Architectural drawings prepared by Angelyn Building Designs reference 2617 pages 1-7 received by Council dated 170419

Planning Statement prepared by AcroPlan [SA] dated April 14 2019

Traffic report prepared by MFY Ref MLM17-0262 Dated 10 September 2018 unless otherwise superceded to reflect the revised building layout

Acoustic Report prepared by Sonus Acoustics Ref S5524C3 Dated March 2019

except where varied by the conditions herein

2 The Civil engineering plans prepared by Sagero and referenced in the previously issued Development Plan Consent on 12112018 shall be updated to reflect the alteration to the building configuration and submitted to Council prior to Development Approval being issued

3 Landscaping shall be established prior to the operation of the building(s) in accordance with the landscape plan provided as part of the application and shall be nurtured and maintained in good condition at all times to the reasonable satisfaction of Council

4 The hours of operation for the integrated service station complex shall be permitted over the following times- 5am to 12 midnight - 7 days a week

5 The approvalconsent shall only subsist as long as twelve (12) car parking spaces are provided in conjunction with the development

6 The carparking layout for this development shall be designed in accordance with Australian Standards AS2890 Parts 1 to 4

City of Port Lincoln Minutes Meeting 13 May 2019

3 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

7 All carparking areas shall be linemarked or paved in a distinctive fashion to delineate each carparking space and maintained in good condition at all times to the reasonable satisfaction of Council

8 No materials goods or containers shall be stored in the car park or driveways at any time

9 Driveway access shall ensure that at least 2 metres from the road drain invert shall slope to that invert and that the slope from there to the property boundary shall not exceed 1 in 5

10 All driveways access and car parking areas shall be constructed paved and sealed before any use is made of the building or land

11 All loading and unloading of vehicles and manoeuvering of vehicles in connection with the now approved land use shall be carried out entirely within the subject land

12 The applicant is advised that any works undertaken on Council owned land including but not limited to Crossovers driveways footpaths street trees and stormwater connections will require the approval of Councils Operations Department prior to any works being undertaken The applicant must complete and return the driveway crossover form to obtain a separate approval for such works

13 The stormwater shall be disposed of in such a manner that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions

14 Roof stormwater is to be collected for reuse on site

15 All external lighting of the site including car parking areas and buildings shall be designed and constructed to conform with Australian Standards and must be located directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond this site

16 The signs shall be maintained in good condition at all times to the reasonable satisfaction of Council

17 Signage should not contain any element of LED or LCD display except for the fuel prices on the pylon sign

18 Signage should not flash scroll move or change with the exception of the LED fuel price signs which may change on an as-needs basis

19 Any graffiti shall be removed from structures on site at the cost of the applicant within 3 business days of graffiti being placed on the structure

20 During the period that the development is being undertaken all paper plastic rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council

City of Port Lincoln Minutes Meeting 13 May 2019

4 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

21 The developer shall employ measures to eliminate dust emission from the site during the construction period so as not to cause nuisance to adjoining residents

22 All refuelling actvities occuring on the site shall only occur between the hours of 7am to 7pm seven (7) days per week to reduce the impacts on adjoining landowners

Department of Planning Transport and Infrastructure conditions

23 The Mortlock Terraces shall be located and constructed in accordance with the Site Plan by Angelyn Building Designs Job No 2617 dated 26 July 2018 The accesses shall be appropriately angled to the road and signed line marked to reinforce the desired traffic flow through each access

24 All vehicles shall enter and exit the site in a forward direction

25 All obsolete crossovers (and any portion thereof) shall be reinstated to Council standard kerb and gutter at the applicantrsquos expense prior to operation of the development

26 No stormwater shall be permitted to discharge on-surface to the adjacent road In addition any existing stormwater is to be accommodated in the development and any alterations to existing road drainage infrastructure as a result of the development are to be at the expense of the applicant

Environment Protection Authority conditions

27 Prior to operation all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which included underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling

28 Prior to operation all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling

29 All runoff from hardstand areas must be diverted through a SPEL Class 1 Full Retention Puraceptor (or equivalent) prior to discharge to Councilrsquos stormwater infrastructure

30 Any sludge or oily residue collected with the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot

31 All underground fuel storage tanks must be double-walled with in-built pressure leak detectors

32 All fuel lines between the tanks and dispensers must be double-walled and fitted with a leak detection system

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

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R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

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A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

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The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 7: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

MINUTES for the

COUNCIL ASSESSMENT PANEL MEETING

held on

MONDAY 13 MAY 2019

at 530pm

THIS DOCUMENT IS UNDER A MEDIA EMBARGO UNTIL CONSIDERED BY COUNCIL

ATTACHMENT MIN201919

1 | P a g eNScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

M I N U T E SCOMMITTEE COUNCIL ASSESSMENT PANEL

MEETING DATE MONDAY 13 MAY 2019 AT 530PM

LOCATION COUNCIL CHAMBERS LEVEL 1 60 TASMAN TERRACE PORT LINCOLN

FILE REF MIN201919

Meeting Opened 530pm

1 PRESENT

Mr Malcom Catt ndash Presiding MemberCr Faye DavisMr Michael BascombeMr Peter BlackerMr Roger Nourse

Also in Attendance

Ms Jess Burns ndash Coordinator Development Services Rachel McGuire ndash Minute Secretary

2 APOLOGIES

Nil

3 MINUTES OF THE PREVIOUS MEETINGS

CAP 1901 Confirmation of the Minutes of the Previous Meeting

Moved P Blacker Seconded M Bascombe

That the Minutes of the Previous Council Assessment Panel Meeting held on Monday 12 November 2018 as per copies supplied to members be confirmed as a true and correct record of that meeting

CARRIED

4 BUSINESS ARISING FROM THE MINUTES

Nil

5 CONFLICT OF INTEREST DECLARATION

Nil

City of Port Lincoln Minutes Meeting 13 May 2019

2 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

6 ORDINARY REPORT

61 Development Application 93101918 - Reserved Matter

CAP 1902 Reserved Matter - Development Application 93101918 ndash 48 amp 50 Mortlock Terracr Port Lincoln ndash TTF Andrash Commercial Family Trust Port Lincoln

Moved M Bascombe Seconded R Nourse

The Council Assessment Panel

1 Resolves that the reserved matters pertaining to the Development Plan Consent for Development Application 931019018 for a Petrol Filling Station ndash Integrated Use at 48-50 Mortlock Terrace Port Lincoln being located on Certificate of Title Volume 5389 Folio 336 and Certificate of Title Volume 5648 Folio 809 have been satisfied and a revised Decision Notification Form shall be prepared containing the following conditions and notes

Planning Conditions

City of Port Lincoln conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with

Architectural drawings prepared by Angelyn Building Designs reference 2617 pages 1-7 received by Council dated 170419

Planning Statement prepared by AcroPlan [SA] dated April 14 2019

Traffic report prepared by MFY Ref MLM17-0262 Dated 10 September 2018 unless otherwise superceded to reflect the revised building layout

Acoustic Report prepared by Sonus Acoustics Ref S5524C3 Dated March 2019

except where varied by the conditions herein

2 The Civil engineering plans prepared by Sagero and referenced in the previously issued Development Plan Consent on 12112018 shall be updated to reflect the alteration to the building configuration and submitted to Council prior to Development Approval being issued

3 Landscaping shall be established prior to the operation of the building(s) in accordance with the landscape plan provided as part of the application and shall be nurtured and maintained in good condition at all times to the reasonable satisfaction of Council

4 The hours of operation for the integrated service station complex shall be permitted over the following times- 5am to 12 midnight - 7 days a week

5 The approvalconsent shall only subsist as long as twelve (12) car parking spaces are provided in conjunction with the development

6 The carparking layout for this development shall be designed in accordance with Australian Standards AS2890 Parts 1 to 4

City of Port Lincoln Minutes Meeting 13 May 2019

3 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

7 All carparking areas shall be linemarked or paved in a distinctive fashion to delineate each carparking space and maintained in good condition at all times to the reasonable satisfaction of Council

8 No materials goods or containers shall be stored in the car park or driveways at any time

9 Driveway access shall ensure that at least 2 metres from the road drain invert shall slope to that invert and that the slope from there to the property boundary shall not exceed 1 in 5

10 All driveways access and car parking areas shall be constructed paved and sealed before any use is made of the building or land

11 All loading and unloading of vehicles and manoeuvering of vehicles in connection with the now approved land use shall be carried out entirely within the subject land

12 The applicant is advised that any works undertaken on Council owned land including but not limited to Crossovers driveways footpaths street trees and stormwater connections will require the approval of Councils Operations Department prior to any works being undertaken The applicant must complete and return the driveway crossover form to obtain a separate approval for such works

13 The stormwater shall be disposed of in such a manner that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions

14 Roof stormwater is to be collected for reuse on site

15 All external lighting of the site including car parking areas and buildings shall be designed and constructed to conform with Australian Standards and must be located directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond this site

16 The signs shall be maintained in good condition at all times to the reasonable satisfaction of Council

17 Signage should not contain any element of LED or LCD display except for the fuel prices on the pylon sign

18 Signage should not flash scroll move or change with the exception of the LED fuel price signs which may change on an as-needs basis

19 Any graffiti shall be removed from structures on site at the cost of the applicant within 3 business days of graffiti being placed on the structure

20 During the period that the development is being undertaken all paper plastic rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council

City of Port Lincoln Minutes Meeting 13 May 2019

4 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

21 The developer shall employ measures to eliminate dust emission from the site during the construction period so as not to cause nuisance to adjoining residents

22 All refuelling actvities occuring on the site shall only occur between the hours of 7am to 7pm seven (7) days per week to reduce the impacts on adjoining landowners

Department of Planning Transport and Infrastructure conditions

23 The Mortlock Terraces shall be located and constructed in accordance with the Site Plan by Angelyn Building Designs Job No 2617 dated 26 July 2018 The accesses shall be appropriately angled to the road and signed line marked to reinforce the desired traffic flow through each access

24 All vehicles shall enter and exit the site in a forward direction

25 All obsolete crossovers (and any portion thereof) shall be reinstated to Council standard kerb and gutter at the applicantrsquos expense prior to operation of the development

26 No stormwater shall be permitted to discharge on-surface to the adjacent road In addition any existing stormwater is to be accommodated in the development and any alterations to existing road drainage infrastructure as a result of the development are to be at the expense of the applicant

Environment Protection Authority conditions

27 Prior to operation all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which included underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling

28 Prior to operation all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling

29 All runoff from hardstand areas must be diverted through a SPEL Class 1 Full Retention Puraceptor (or equivalent) prior to discharge to Councilrsquos stormwater infrastructure

30 Any sludge or oily residue collected with the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot

31 All underground fuel storage tanks must be double-walled with in-built pressure leak detectors

32 All fuel lines between the tanks and dispensers must be double-walled and fitted with a leak detection system

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

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R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

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A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

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The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 8: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

1 | P a g eNScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

M I N U T E SCOMMITTEE COUNCIL ASSESSMENT PANEL

MEETING DATE MONDAY 13 MAY 2019 AT 530PM

LOCATION COUNCIL CHAMBERS LEVEL 1 60 TASMAN TERRACE PORT LINCOLN

FILE REF MIN201919

Meeting Opened 530pm

1 PRESENT

Mr Malcom Catt ndash Presiding MemberCr Faye DavisMr Michael BascombeMr Peter BlackerMr Roger Nourse

Also in Attendance

Ms Jess Burns ndash Coordinator Development Services Rachel McGuire ndash Minute Secretary

2 APOLOGIES

Nil

3 MINUTES OF THE PREVIOUS MEETINGS

CAP 1901 Confirmation of the Minutes of the Previous Meeting

Moved P Blacker Seconded M Bascombe

That the Minutes of the Previous Council Assessment Panel Meeting held on Monday 12 November 2018 as per copies supplied to members be confirmed as a true and correct record of that meeting

CARRIED

4 BUSINESS ARISING FROM THE MINUTES

Nil

5 CONFLICT OF INTEREST DECLARATION

Nil

City of Port Lincoln Minutes Meeting 13 May 2019

2 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

6 ORDINARY REPORT

61 Development Application 93101918 - Reserved Matter

CAP 1902 Reserved Matter - Development Application 93101918 ndash 48 amp 50 Mortlock Terracr Port Lincoln ndash TTF Andrash Commercial Family Trust Port Lincoln

Moved M Bascombe Seconded R Nourse

The Council Assessment Panel

1 Resolves that the reserved matters pertaining to the Development Plan Consent for Development Application 931019018 for a Petrol Filling Station ndash Integrated Use at 48-50 Mortlock Terrace Port Lincoln being located on Certificate of Title Volume 5389 Folio 336 and Certificate of Title Volume 5648 Folio 809 have been satisfied and a revised Decision Notification Form shall be prepared containing the following conditions and notes

Planning Conditions

City of Port Lincoln conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with

Architectural drawings prepared by Angelyn Building Designs reference 2617 pages 1-7 received by Council dated 170419

Planning Statement prepared by AcroPlan [SA] dated April 14 2019

Traffic report prepared by MFY Ref MLM17-0262 Dated 10 September 2018 unless otherwise superceded to reflect the revised building layout

Acoustic Report prepared by Sonus Acoustics Ref S5524C3 Dated March 2019

except where varied by the conditions herein

2 The Civil engineering plans prepared by Sagero and referenced in the previously issued Development Plan Consent on 12112018 shall be updated to reflect the alteration to the building configuration and submitted to Council prior to Development Approval being issued

3 Landscaping shall be established prior to the operation of the building(s) in accordance with the landscape plan provided as part of the application and shall be nurtured and maintained in good condition at all times to the reasonable satisfaction of Council

4 The hours of operation for the integrated service station complex shall be permitted over the following times- 5am to 12 midnight - 7 days a week

5 The approvalconsent shall only subsist as long as twelve (12) car parking spaces are provided in conjunction with the development

6 The carparking layout for this development shall be designed in accordance with Australian Standards AS2890 Parts 1 to 4

City of Port Lincoln Minutes Meeting 13 May 2019

3 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

7 All carparking areas shall be linemarked or paved in a distinctive fashion to delineate each carparking space and maintained in good condition at all times to the reasonable satisfaction of Council

8 No materials goods or containers shall be stored in the car park or driveways at any time

9 Driveway access shall ensure that at least 2 metres from the road drain invert shall slope to that invert and that the slope from there to the property boundary shall not exceed 1 in 5

10 All driveways access and car parking areas shall be constructed paved and sealed before any use is made of the building or land

11 All loading and unloading of vehicles and manoeuvering of vehicles in connection with the now approved land use shall be carried out entirely within the subject land

12 The applicant is advised that any works undertaken on Council owned land including but not limited to Crossovers driveways footpaths street trees and stormwater connections will require the approval of Councils Operations Department prior to any works being undertaken The applicant must complete and return the driveway crossover form to obtain a separate approval for such works

13 The stormwater shall be disposed of in such a manner that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions

14 Roof stormwater is to be collected for reuse on site

15 All external lighting of the site including car parking areas and buildings shall be designed and constructed to conform with Australian Standards and must be located directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond this site

16 The signs shall be maintained in good condition at all times to the reasonable satisfaction of Council

17 Signage should not contain any element of LED or LCD display except for the fuel prices on the pylon sign

18 Signage should not flash scroll move or change with the exception of the LED fuel price signs which may change on an as-needs basis

19 Any graffiti shall be removed from structures on site at the cost of the applicant within 3 business days of graffiti being placed on the structure

20 During the period that the development is being undertaken all paper plastic rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council

City of Port Lincoln Minutes Meeting 13 May 2019

4 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

21 The developer shall employ measures to eliminate dust emission from the site during the construction period so as not to cause nuisance to adjoining residents

22 All refuelling actvities occuring on the site shall only occur between the hours of 7am to 7pm seven (7) days per week to reduce the impacts on adjoining landowners

Department of Planning Transport and Infrastructure conditions

23 The Mortlock Terraces shall be located and constructed in accordance with the Site Plan by Angelyn Building Designs Job No 2617 dated 26 July 2018 The accesses shall be appropriately angled to the road and signed line marked to reinforce the desired traffic flow through each access

24 All vehicles shall enter and exit the site in a forward direction

25 All obsolete crossovers (and any portion thereof) shall be reinstated to Council standard kerb and gutter at the applicantrsquos expense prior to operation of the development

26 No stormwater shall be permitted to discharge on-surface to the adjacent road In addition any existing stormwater is to be accommodated in the development and any alterations to existing road drainage infrastructure as a result of the development are to be at the expense of the applicant

Environment Protection Authority conditions

27 Prior to operation all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which included underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling

28 Prior to operation all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling

29 All runoff from hardstand areas must be diverted through a SPEL Class 1 Full Retention Puraceptor (or equivalent) prior to discharge to Councilrsquos stormwater infrastructure

30 Any sludge or oily residue collected with the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot

31 All underground fuel storage tanks must be double-walled with in-built pressure leak detectors

32 All fuel lines between the tanks and dispensers must be double-walled and fitted with a leak detection system

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

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R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

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A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

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The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 9: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln Minutes Meeting 13 May 2019

2 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

6 ORDINARY REPORT

61 Development Application 93101918 - Reserved Matter

CAP 1902 Reserved Matter - Development Application 93101918 ndash 48 amp 50 Mortlock Terracr Port Lincoln ndash TTF Andrash Commercial Family Trust Port Lincoln

Moved M Bascombe Seconded R Nourse

The Council Assessment Panel

1 Resolves that the reserved matters pertaining to the Development Plan Consent for Development Application 931019018 for a Petrol Filling Station ndash Integrated Use at 48-50 Mortlock Terrace Port Lincoln being located on Certificate of Title Volume 5389 Folio 336 and Certificate of Title Volume 5648 Folio 809 have been satisfied and a revised Decision Notification Form shall be prepared containing the following conditions and notes

Planning Conditions

City of Port Lincoln conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with

Architectural drawings prepared by Angelyn Building Designs reference 2617 pages 1-7 received by Council dated 170419

Planning Statement prepared by AcroPlan [SA] dated April 14 2019

Traffic report prepared by MFY Ref MLM17-0262 Dated 10 September 2018 unless otherwise superceded to reflect the revised building layout

Acoustic Report prepared by Sonus Acoustics Ref S5524C3 Dated March 2019

except where varied by the conditions herein

2 The Civil engineering plans prepared by Sagero and referenced in the previously issued Development Plan Consent on 12112018 shall be updated to reflect the alteration to the building configuration and submitted to Council prior to Development Approval being issued

3 Landscaping shall be established prior to the operation of the building(s) in accordance with the landscape plan provided as part of the application and shall be nurtured and maintained in good condition at all times to the reasonable satisfaction of Council

4 The hours of operation for the integrated service station complex shall be permitted over the following times- 5am to 12 midnight - 7 days a week

5 The approvalconsent shall only subsist as long as twelve (12) car parking spaces are provided in conjunction with the development

6 The carparking layout for this development shall be designed in accordance with Australian Standards AS2890 Parts 1 to 4

City of Port Lincoln Minutes Meeting 13 May 2019

3 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

7 All carparking areas shall be linemarked or paved in a distinctive fashion to delineate each carparking space and maintained in good condition at all times to the reasonable satisfaction of Council

8 No materials goods or containers shall be stored in the car park or driveways at any time

9 Driveway access shall ensure that at least 2 metres from the road drain invert shall slope to that invert and that the slope from there to the property boundary shall not exceed 1 in 5

10 All driveways access and car parking areas shall be constructed paved and sealed before any use is made of the building or land

11 All loading and unloading of vehicles and manoeuvering of vehicles in connection with the now approved land use shall be carried out entirely within the subject land

12 The applicant is advised that any works undertaken on Council owned land including but not limited to Crossovers driveways footpaths street trees and stormwater connections will require the approval of Councils Operations Department prior to any works being undertaken The applicant must complete and return the driveway crossover form to obtain a separate approval for such works

13 The stormwater shall be disposed of in such a manner that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions

14 Roof stormwater is to be collected for reuse on site

15 All external lighting of the site including car parking areas and buildings shall be designed and constructed to conform with Australian Standards and must be located directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond this site

16 The signs shall be maintained in good condition at all times to the reasonable satisfaction of Council

17 Signage should not contain any element of LED or LCD display except for the fuel prices on the pylon sign

18 Signage should not flash scroll move or change with the exception of the LED fuel price signs which may change on an as-needs basis

19 Any graffiti shall be removed from structures on site at the cost of the applicant within 3 business days of graffiti being placed on the structure

20 During the period that the development is being undertaken all paper plastic rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council

City of Port Lincoln Minutes Meeting 13 May 2019

4 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

21 The developer shall employ measures to eliminate dust emission from the site during the construction period so as not to cause nuisance to adjoining residents

22 All refuelling actvities occuring on the site shall only occur between the hours of 7am to 7pm seven (7) days per week to reduce the impacts on adjoining landowners

Department of Planning Transport and Infrastructure conditions

23 The Mortlock Terraces shall be located and constructed in accordance with the Site Plan by Angelyn Building Designs Job No 2617 dated 26 July 2018 The accesses shall be appropriately angled to the road and signed line marked to reinforce the desired traffic flow through each access

24 All vehicles shall enter and exit the site in a forward direction

25 All obsolete crossovers (and any portion thereof) shall be reinstated to Council standard kerb and gutter at the applicantrsquos expense prior to operation of the development

26 No stormwater shall be permitted to discharge on-surface to the adjacent road In addition any existing stormwater is to be accommodated in the development and any alterations to existing road drainage infrastructure as a result of the development are to be at the expense of the applicant

Environment Protection Authority conditions

27 Prior to operation all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which included underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling

28 Prior to operation all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling

29 All runoff from hardstand areas must be diverted through a SPEL Class 1 Full Retention Puraceptor (or equivalent) prior to discharge to Councilrsquos stormwater infrastructure

30 Any sludge or oily residue collected with the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot

31 All underground fuel storage tanks must be double-walled with in-built pressure leak detectors

32 All fuel lines between the tanks and dispensers must be double-walled and fitted with a leak detection system

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

1 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

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A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

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The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 10: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln Minutes Meeting 13 May 2019

3 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

7 All carparking areas shall be linemarked or paved in a distinctive fashion to delineate each carparking space and maintained in good condition at all times to the reasonable satisfaction of Council

8 No materials goods or containers shall be stored in the car park or driveways at any time

9 Driveway access shall ensure that at least 2 metres from the road drain invert shall slope to that invert and that the slope from there to the property boundary shall not exceed 1 in 5

10 All driveways access and car parking areas shall be constructed paved and sealed before any use is made of the building or land

11 All loading and unloading of vehicles and manoeuvering of vehicles in connection with the now approved land use shall be carried out entirely within the subject land

12 The applicant is advised that any works undertaken on Council owned land including but not limited to Crossovers driveways footpaths street trees and stormwater connections will require the approval of Councils Operations Department prior to any works being undertaken The applicant must complete and return the driveway crossover form to obtain a separate approval for such works

13 The stormwater shall be disposed of in such a manner that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions

14 Roof stormwater is to be collected for reuse on site

15 All external lighting of the site including car parking areas and buildings shall be designed and constructed to conform with Australian Standards and must be located directed and shielded and of such limited intensity that no nuisance or loss of amenity is caused to any person beyond this site

16 The signs shall be maintained in good condition at all times to the reasonable satisfaction of Council

17 Signage should not contain any element of LED or LCD display except for the fuel prices on the pylon sign

18 Signage should not flash scroll move or change with the exception of the LED fuel price signs which may change on an as-needs basis

19 Any graffiti shall be removed from structures on site at the cost of the applicant within 3 business days of graffiti being placed on the structure

20 During the period that the development is being undertaken all paper plastic rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council

City of Port Lincoln Minutes Meeting 13 May 2019

4 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

21 The developer shall employ measures to eliminate dust emission from the site during the construction period so as not to cause nuisance to adjoining residents

22 All refuelling actvities occuring on the site shall only occur between the hours of 7am to 7pm seven (7) days per week to reduce the impacts on adjoining landowners

Department of Planning Transport and Infrastructure conditions

23 The Mortlock Terraces shall be located and constructed in accordance with the Site Plan by Angelyn Building Designs Job No 2617 dated 26 July 2018 The accesses shall be appropriately angled to the road and signed line marked to reinforce the desired traffic flow through each access

24 All vehicles shall enter and exit the site in a forward direction

25 All obsolete crossovers (and any portion thereof) shall be reinstated to Council standard kerb and gutter at the applicantrsquos expense prior to operation of the development

26 No stormwater shall be permitted to discharge on-surface to the adjacent road In addition any existing stormwater is to be accommodated in the development and any alterations to existing road drainage infrastructure as a result of the development are to be at the expense of the applicant

Environment Protection Authority conditions

27 Prior to operation all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which included underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling

28 Prior to operation all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling

29 All runoff from hardstand areas must be diverted through a SPEL Class 1 Full Retention Puraceptor (or equivalent) prior to discharge to Councilrsquos stormwater infrastructure

30 Any sludge or oily residue collected with the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot

31 All underground fuel storage tanks must be double-walled with in-built pressure leak detectors

32 All fuel lines between the tanks and dispensers must be double-walled and fitted with a leak detection system

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

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R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

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A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

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13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

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(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

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ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

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14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

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The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

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(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

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Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

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You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 11: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln Minutes Meeting 13 May 2019

4 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

21 The developer shall employ measures to eliminate dust emission from the site during the construction period so as not to cause nuisance to adjoining residents

22 All refuelling actvities occuring on the site shall only occur between the hours of 7am to 7pm seven (7) days per week to reduce the impacts on adjoining landowners

Department of Planning Transport and Infrastructure conditions

23 The Mortlock Terraces shall be located and constructed in accordance with the Site Plan by Angelyn Building Designs Job No 2617 dated 26 July 2018 The accesses shall be appropriately angled to the road and signed line marked to reinforce the desired traffic flow through each access

24 All vehicles shall enter and exit the site in a forward direction

25 All obsolete crossovers (and any portion thereof) shall be reinstated to Council standard kerb and gutter at the applicantrsquos expense prior to operation of the development

26 No stormwater shall be permitted to discharge on-surface to the adjacent road In addition any existing stormwater is to be accommodated in the development and any alterations to existing road drainage infrastructure as a result of the development are to be at the expense of the applicant

Environment Protection Authority conditions

27 Prior to operation all fuel storage tanks (apart from diesel) must be fitted with a Stage 1 vapour recovery system (which included underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tank during filling

28 Prior to operation all fuel dispensers (apart from diesel) must be fitted with a Stage 2 vapour recovery system that directs vapours back into the tank during vehicle refuelling

29 All runoff from hardstand areas must be diverted through a SPEL Class 1 Full Retention Puraceptor (or equivalent) prior to discharge to Councilrsquos stormwater infrastructure

30 Any sludge or oily residue collected with the SPEL Class 1 Full Retention Puraceptor (or equivalent) must be removed by an EPA licensed waste transporter to a licenced waste depot

31 All underground fuel storage tanks must be double-walled with in-built pressure leak detectors

32 All fuel lines between the tanks and dispensers must be double-walled and fitted with a leak detection system

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

1 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

2 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

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ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

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14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

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The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

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(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

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Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

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You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 12: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln Minutes Meeting 13 May 2019

5 | P a g e NScanRachelMcGuireMIN201919 CAP MINUTES 20190513docx

33 The maximum noise level generated by any facilities associated with the development hereby approved must not be greater than the allowable maximum noise level prescribed by the Environment Protection (Noise) Policy 2007 when measured in accordance with that Policy

34 NOTE An assessment undertaken in accordance with relevant Australian Standards by a suitably qualified acoustic engineer is required to demonstrate compliance with the Environment Protection (Noise) Policy 2007

City of Port Lincoln Notes

This development cannot be commenced until Building Rules Consent and Development Approval has been issued

Building Rules Consent and Development Approval shall be obtained within 12 months of this notification

Note You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

Note You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resources and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone Number 8204 0300)

CARRIED

7 OTHER BUSINESS

The Coordinator Development Services advised that Council are seeking to engage a traffic consultant to undertake a Council-wide assessment of the Cityrsquos road network in conjunction with the Department of Planning Transport and Infrastructure (DPTI) in light of increased heavy vehicle movement that will occur once the railway ceases operation This will include consideration of right hand turning movements on arterial roads (including Mortlock Terrace) that are currently only provided with a painted traffic island Advice on this will be provided to the Panel when available

8 DEVELOPMENT APPLICATION REGISTER

For your information

9 CLOSURE

There being no further business the meeting was declared closed at 545pm

1 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

2 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

7 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 13: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

1 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

R E P O R T Committee Council Assessment Panel

Meeting Date 11 June 2019

Report Author Jess Burns ndash Coordinator Development Services

RM REP2019141

1 DEVELOPMENT APPLICATION 93101918

Applicant Mr Kym Leon Clarke

Nature of Development

Land Division (1 into 2)

Location 77 St Andrews Drive Port Lincoln

Zone Policy Area Residential Zone Precinct 7 Residential 1

Form of Development Non-complying

Category Notification Three (3)

Representations One (1)

Recommendation Development Plan Consent with Conditions

11 Proposal

It is proposed to divide the subject land at 77 St Andrews Drive Port Lincoln to create one additional allotment The configurations of each of the proposed allotments are as follows

Proposed Allotment 1

Size ndash 1095 square metres

Frontage width 1534 metres

Proposed Allotment 2

Size ndash 1122 square metres

Frontage width ndash 1533 metres

It is proposed that a Land Management Agreement will be entered into in accordance with Section 57A of the Development Act 1993 which will contain a Building Envelope Plan to ensure that future built form is appropriately managed and maximises the retention of vegetation The proposed Building Envelope is included in Attachment B of the Statement of Effect prepared by the applicantrsquos planning consultant

City of Port Lincoln CAP Report November 2018

2 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

7 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 14: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln CAP Report November 2018

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A copy of the most recent documentation relevant to an assessment of the application is attached

ATTACHMENT I20187928

12 Description of the Subject Land and Locality

The subject land is formally identified as Section 703 Hundred of Lincoln in the area named Port Lincoln and contained in Certificate of Title Volume 5485 Folio 388 The subject land is commonly known as 77 St Andrews Drive Port Lincoln

The subject land is trapezoid in shape with a 3067 metre frontage to St Andrews Drive and depths between 7207 and 7571 metres The subject land has a total site area of approximately 2217 square metres The allotment has a slight slope from a high point at the front boundary to a low point towards the rear boundary to the north

The subject land is devoid of any structures or built forms and contains patches of native vegetation in the form of Mallee scrub across the allotment

There is an easement marked lsquoArsquo on the Certificate of Title to the Minister for Infrastructure that runs across the rear boundary of the allotment There is also an Encumbrance to Lincoln Cove Development Company registered on the Title

The locality comprises predominantly residential development to the west south and east of the subject land The locality is located on the eastern periphery of the Lincoln Cove Marina and comprises predominantly detached dwellings on generally larger allotments compared to the smaller lot sizes that are typical in the marina area The allotments on the southern side of St Andrews Drive have been developed in recent times after portion of this land was rezoned from Deferred Urban to facilitate residential development

Immediately to the north of the subject land there is a costal reserve with associated walking trails and car parking areas

The subject land in relation to its locality is shown in the aerial image (dated June 2016) below

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

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The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 15: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln CAP Report November 2018

3 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

13 Processing Requirements

131 Form of Development

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precinctsrdquo

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

7 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 16: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln CAP Report November 2018

4 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bay and Concept Plan Map PtL5 ndash Western Link Road

(c) the construction of the lsquoMarina Link Roadrsquo has been completed in accordance with Concept Plan Map PtL3 ndash Proper Bayrsquo

The proposal does not meet any of the above exemptions and is therefore a non-complying form of development

132 Statement of Support amp Statement of Effect

To facilitate assessment of the non‐complying development application a Statement of Support was initially provided which assisted Council in determining to proceed with a more detailed assessment of the application and seek a more detailed Statement of Effect prior to undertaking Category 3 public notification The Statement of Effect was prepared by the applicantrsquos planning consultant Mr Michael Richardson of MasterPlan SA Pty Ltd in accordance with Section 39(2)(d) of the Development Act 1993 and Regulation 17(5) of the Development Regulations 2008

ATTACHMENT I2019535

ATTACHMENT I201915179

133 Public Notification

The proposal is listed as neither a Category 1 nor Category 2 form of development under the Development Regulations 2008 and accordingly defaults to a Category 3 form of development for the purposes of public notification

The proposal was publically notified on 16 April 2019 and one representation was received during the statutory public notification period from Ashley and Marie Ness who occupy the property at 75 St Andrews Terrace

The key issues contained with the representation and the applicantrsquos response is summarised in the table below and a full copy of each are included as attachments to this report

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

7 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 17: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln CAP Report November 2018

5 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

ATTACHMENT I20194215

ATTACHMENT I20194920

Representorrsquos Concern Applicantrsquos Response

Proposal is at odds with the desired character of Precinct 7

The applicant contends that the proposed development is consistent with the size and density parameters of Precinct 7 and will enable the development of detached dwellings in accordance with the Building Envelope Plan

Concern regarding retention of native vegetation

The building envelope to be enforced by way of an LMA will assist in preserving vegetation

By defining reciprocal rights of way over a single shared driveway this will assist in the reducing the requirement to clear vegetation

The amount of vegetation that will be retained on the allotments when they are eventually developed will be not dissimilar tothe amount of vegetation that has been retained on other allotments within the precinct

Concern regarding future built form

For the majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

Both the Development Plan and proposed LMA will guide future built form development which provides additional certainty as to the maximum extent of future built form and siting

In regards to the representorrsquos allotment the nature of the land division means that will only adjoin on dwelling in the future which would be no different to if a single detached dwelling were developed on the allotment in its current form

Planning rules changing to suit property developers

The proposal is for a development approval only and will not result in any changes to planning policy

There are no current Development Plan Amendments being considered that would affect the subject land or its locality

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

7 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

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IV

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UT

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15m15m15m

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1534m1533m

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EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

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15m15m15m

30m

30m

200

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200

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1534m1533m

15m

1582m

90

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1581m

140

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191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 18: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln CAP Report November 2018

6 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

14 Agency Comments

141 State Commission Assessment Panel

The applicant was advised of the State Commission Assessment Panel standard land division requirements which have been included in the conditions recommended below

142 SA Water

The applicant was advised of the SA Water standard land division requirements which have been included in the conditions recommended below

ATTACHMENT I20188452

ATTACHMENT I20188451

15 Development Plan

The subject site is located within the Residential Zone Precinct 7 Residential 1 as depicted on Map PtL11 of the Port Lincoln Council Development Plan (Consolidated version - dated 6 February 2018)

The following provisions are considered particularly relevant to the assessment of this application

Objective Principle of Development Control

Residential Zone 1 3 1 2 3 7 9 11 12 37 38 39 40 41 42 43

General Section

Land Division 2 3 4 1 3 6 7

Orderly and Sustainable Development 1 2 3 4 1 3

16 Planning Assessment

The application has been assessed against the relevant provisions of the Residential Zone Precinct 7 Residential 1 and the General Section of Port Lincoln Council Development Plan

161 Allotment Configuration and Density

The Residential Zone seeks a range of dwelling types and encourages vacant or underutilised land be developed in a coordinated manner to increase housing choice Zone PDC 11 requires that detached dwellings have a minimum site area of 450 square metres and a site width of at least 12 metres The proposed allotments substantially meet and exceed the above parameters and are therefore compliant with this provision

More specifically PDC 37 relevant to Precinct 7 Residential 1 states that development in the precinct should be limited to detached dwellings of maximum two storeys in height

The proposed land division will enable the development of one detached dwelling per allotment whilst the height of future dwellings would be assessed when applications for built form on each allotment are lodged

City of Port Lincoln CAP Report November 2018

7 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

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Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 19: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln CAP Report November 2018

7 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

The following Principles of Development Control (PDC) relating to Precinct 7 Residential 1 are also relevant to an assessment of the proposed land division Whilst this application is for land division only it is important that future built form is considered as it informs whether or not the division of land is a supportable form of development

PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and

loss of vegetation

The proposed building envelope will maximise the retention of native vegetation at the front and rear of the proposed allotments Further the incorporation of a single shared driveway will mean that the amount of vegetation required to be cleared would not be dissimilar to if a single dwelling on the current undivided allotment were to be developed

PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a

minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan demonstrates that a minimum setback of 90 metres from the northern (rear) boundary would be achieved

PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The building envelope will ensure that the current streetscape presentation to Saint Andrew would be more or less preserved and will be consistent with the appearance of other dwellings along the northern side of Saint Andrews Drive

Overall it is considered that whilst the land division is a non-complying form of development it largely complies with the other provisions of the Residential Zone and Precinct

162 Land Division

The following provisions from the general section of Councilrsquos Development Plan under the heading lsquoLand Divisionrsquo are relevant to an assessment of the proposal

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

PDC 2 Land should not be divided if any of the following apply

(a) the size shape location slope or nature of the land makes any of the allotments unsuitable for the intended use

(b) any allotment will not have a frontage to one of the following (i) an existing road (ii) a proposed public road

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 20: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln CAP Report November 2018

8 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

(iii) access to a public road via an internal roadway in a plan of community division

(c) the intended use of the land is likely to require excessive cut andor fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the township wastewater treatment plant to which subsequent development

will be connected does not have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated by such development

(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal system within the allotment that complies with (or can comply with) the relevant public and environmental health legislation applying to the intended use(s)

g) any allotments will straddle more than one zone or policy area

With respect to the above provisions it is considered that the proposed land division will

Be capable of connecting all required services including sewer water and power and will be capable of disposing of stormwater to ensure there will be no adverse impacts on surface or ground water or other buildings in the locality

Provide safe and convenient access to each proposed allotment from Saint Andrews Drive being a sealed all-weather public road

Not require excessive cut or fill to accommodate future dwellings due to the gradient of the land which is relatively modest

Result in two residential allotments that have a size shape and configuration capable of accommodating future detached dwellings in accordance with the pattern of development in the locality and

Not result in the proposed allotments straddling more than one Zone or Policy Area

17 Conclusion

It has been concluded that the proposal to divide the land at 77 St Andrews Drive Port Lincoln to create one additional allotment is a form of development that

Is not dissimilar to residential land division that has occurred on the southern side of St Andrews Drive in recent years

Is consistent with the allotment size density and pattern of development in the locality and will not adversely impact the amenity of the area and

will ensure that the siting scale and streetscape presentation of future built form respects the intent of the zone and maximises the preservation of native vegetation through the inclusion of a condition on the approval that requires the applicant to enter into a Land Management Agreement

Accordingly and on balance the proposal is not considered to be seriously at variance with the provisions of the Port Lincoln Council Development Plan and notwithstanding that the proposal is a non-complying form of development Development Plan consent is warranted subject to conditions and the concurrence of the State Commission Assessment Panel

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 21: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln CAP Report November 2018

9 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

Recommendation

It is recommended that the Council Assessment Panel

1 RESOLVES that the proposed development is not lsquoseriously at variancersquo with the policies in the Development Plan

2 RESOLVES to GRANT Development Plan Consent for development application 931D01318 land division (1 into 2) at 77 St Andrews Drive Port Lincoln subject to the concurrence of the State Commission Assessment Panel and the following conditions and notes

Planning Conditions

1 The development herein granted Development Plan Consent shall be undertaken in accordance with the plans and documents submitted with and forming part of the development application

2 The Applicant shall ensure that stormwater disposal systems be designed and constructed to the reasonable satisfaction of Councilrsquos Manager Civil Operations In particular ensure such easements and dimensions of drains as required are satisfactory for the drainage of the whole land be provided

3 The Applicant shall at hisher expense provide a safe and convenient access to the satisfaction of Councilrsquos Manager Civil Operations from each allotment delineated on the plan of division to the carriageway of any existing road and in accordance with Councilrsquos Policy 146311 Section 4 Development Driveway Access

4 The Applicant shall enter into a Land Management Agreement which stipulates the required building envelopes for the construction of future dwellings on the proposed allotments in accordance with Section 57A of the Development Act 1993

Land Division Conditions

1 The financial requirements of SA Water shall be met for the provision of water supply and sewerage services An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment) Payment may be made by credit card via the internet at wwwedalasagovau or by phone (7109 7018) by cheque payable to the Department of Planning Transport and Infrastructure and marked ldquoNot Negotiablerdquo and sent to GPO Box 1815 Adelaide 5001 or in person at Level 5 50 Flinders Street Adelaide

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

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

Notes

The development must be substantially commenced within 12 months of the date of this notification unless this period has been extended by Council

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

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There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 22: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

City of Port Lincoln CAP Report November 2018

10 | P a g e NScanRachelMcGuireCOUNCIL ASSESSMENT PANELCAP 201911 JUNE 2019CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSdocx

You are advised that any act or work authorised or required by this notification must be completed within 3 years of the date of the notification unless this period is extended by Council

You will require a fresh consent before commencing or continuing the development if you are unable to satisfy these requirements

You have a right of appeal against the conditions which have been imposed on this provisional development plan consent or development approval Such an appeal must be lodged at the Environment Resource and Development Court within two months of the day on which you receive this notice or such longer time as the court may allow Please contact the Court if you wish to appeal The Court is located in the Sir Samuel Way Building Victoria Square Adelaide (Telephone number 8204 0300)

List of Attachments

Application Information SA Water Response State Commission Assessment Panel Response Statement of Support Statement of Effect Category 3 Representation - Ness Applicantrsquos Response to Representations

Attachment I20187928 Attachment I20188451 Attachment I20188452 Attachment I2019535 Attachment I201915179 Attachment I20194215 Attachment I20194920

Jess Burns COORDINATOR DEVELOPMENT SERVICES

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 23: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 13

Search | Configure Notification Email | Log Out |

Application DetailHide All

General Hide

Unique Id 62701

Development No 931D01318

Application Type Conventional Land Division

Application Extent Provisional Development Plan Consent with Land Division Consent

Land UseBuilding Consent No

Council Name City of Port Lincoln

Agents Reference 18342

Short Reference Clarke 703 St APort Li

Submitting Agents Name P A Dansie amp Associates

Submitted By Kate Russell P A Dansie amp Associates

Application Status Lodged amp Distributed (No Decision)

Application Type Details Conventional Land Division Hide

Total Area of Land to be Divided 2217 square metres

Reserve Area 0 square metres

Number of existing allotments 1

Number of proposed allotments (excluding roadand reserve)

2

Number of additional allotments 1

Applicant Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke C- P A Dansie amp Associates

PO Box 1003 Port Lincoln 5606 South Australia AUSTRALIA

Owner Details Hide

Salutation Name Organisation Name AddressMr Kym Leon Clarke PO Box 869

Port Lincoln 5606 South Australia AUSTRALIA

Contact Details Hide

Salutation Name Address Telephone Fax EmailMs Kate Russell PO Box 1003

Port Lincoln 5606 South Australia AUSTRALIA

Telephone 1 (08) 8682 6632

Telephone 2

Mobile

Fax 1

Fax 2

adminpadansiecomau

SubjectProperty Details Hide

House No Lot No 703

Street St Andrews Drive

SuburbTown Port Lincoln

Hundred Lincoln

Reference Section Section 703

Title Reference and Plan ParcelTitle Code Title Description Volume Folio Plan Code Plan Description Plan No Parcel NoCT Certificate of Title 5485 388 H Hundred Plan 510600 S703

Other Details Hide

Existing Use Residential

Description of Proposed Development Land Division

Does either schedule 21 or 22 of theDevelopment Regulations 1993 apply

No

Notes

Additional Information Requests

Additional Fees and Payments

Lodgement Date 13 Aug 2018

Months for Development Approval Request 12

ATTACHMENT I20187928

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 24: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 23

Categorisation Details Hide

Decision Authority Council

Application Classification Minor

Kind of Development Merit

Notification Category Not Applicable

Zone Residential

Development Plan Map No PtL11

Allocated Planner Services Planning

Categorisation Comments

Categorised By Glen Donges

Categorisation Date 14 Aug 2018

Distribution Details Hide

Referral Agency Referred to Agent First Accessed Referral State Due Date ResponseDevelopment Assessment Commission 14 Aug 2018 Current Show

SA Water Corporation 14 Aug 2018 14 Aug 2018 Current 11 Sep 2018 Show

Decision Authority Distributed for Decision First Accessed Decision State DecisionIssued

Response

City of Port Lincoln 14 Aug 2018 15 Aug 2018 Current Show

Decision Details Hide

There has not yet been a decision submitted for this application

Overturned Decision Details Hide

There are no overturned decision details currently available for this application

Clock Stops (State Commission Assessment Panel only) Hide

No clock stops have been set

Lodgement Fees Hide

Fee Invoice No Fee Invoice Date Invoice Description Fee Status58587 13 Aug 2018 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($)Lodgement Fee (additional allotment) 21400Land Division Fee (additional allotment) 16100Land Division Fee (per Additional Allotment) 1520Statement of Requirements Fee (additional allotment) 42600Certificate of Approval Fee (additional allotments) 35500DAC Consultation Report Fee (additional allotments) 21300

Invoice Total Fee($) 138420

Certificate of Approval (CoA) Details Hide

CoA Id StageNumber

Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No(DP)

Detail

56810 001 AwaitingDADecision

Show

There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide

CoA Clearance Requirement Description CoA Id StageNo

Agency Name

DistributionDate

Status Detail

EDALA will be updated in due course once SA Water Corporations requirementshave been determined

56810 001 SA Water Corporation 14 Aug 2018 Not yet Met Show

Additional DA Fees Hide

There are currently no Development Application (DA) fees generated for this application

Additional CoA Fees Hide

There are currently no Certificate of Approval (CoA) fees generated for this application

Application Documents Hide

Document Title Document Type Version State File Size (Kb) Date Uploaded NotesCT 5485-388 Certificate of TitleLease 1 Uploaded 5573100000 10 Aug 2018 Show

Application Plan Proposed Plan of Division 1 Uploaded 2042900000 13 Aug 2018 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 293500000 13 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 579900000 14 Aug 2018 Show

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 25: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

8152018 Application Detail

httpswwwedalasagovauedalaEDALAaspxPageMode=ApplicationDisplayampApplicationId=62701 33

Location Plan Enlargement New Miscellaneous 1 Uploaded 388700000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

Location Plan New Miscellaneous 1 Uploaded 572900000 14 Aug 2018 Show

Location Plan Enlargement New Miscellaneous 1 Uploaded 602900000 14 Aug 2018 Show

SAILIS Admin Interest (None) New Miscellaneous 1 Uploaded 143000000 14 Aug 2018 Show

DAC Regulation 29 Letter New Miscellaneous 1 Uploaded 22900000 14 Aug 2018 Show

Final Plan Documents for Certificate of Approval (CoA) Hide

There are no Final Plans for Certificate of Approval (CoA) currently associated with this application

Certified Certificate of Approval (CoA) Plan Documents Hide

There are no Certified Certificate of Approval (CoA) Plans currently associated with this applicationModeApplicationDisplayRevision14

DisclaimerTerms andConditions

Department of Planning Transport and Infrastucture Level 5 50 Flinders St ADELAIDE South Australia 5000 - P 1800 752 664 Copyright

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 26: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

SURVEYORSCERTIFICATION

P A DANSIE amp ASSOCIATES PTY LTD8 BEAVER CTPORT LINCOLN SA 5606PH 0481826632FAX

AGENT DETAILS

PAD8PAGENT CODE18342REFERENCE

SUBJECT TITLE DETAILSNUMBERREFERENCETOWNHUNDRED IA DIVISIONNUMBERPLANNUMBERPARCELOTHERFOLIOVOLUMEPREFIX

LINCOLN703SECTION(S)3885485CT

OTHER TITLES AFFECTED

EASEMENT DETAILSCREATIONIN FAVOUR OFPURPOSEIDENTIFIERCATEGORYFORMLAND BURDENEDSTATUS

THE MINISTER FOR INFRASTRUCTUREAEASEMENT(S)LONG12EXISTING

ANNOTATIONS

PORT LINCOLNAREA NAMEDIVISIONPURPOSE

SHEET 1 OF 2

APPROVED

CITY OF PORT LINCOLNCOUNCIL602824NMAP REF

DEPOSITEDFILED

DEVELOPMENT NOLAST PLAN63978_text_01_v01

1 of 2

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 27: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

SHEET 2 OF 2

63978_pland_1_V01

2 of 2

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 28: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

14-August-2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No

931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

I refer to the above application received at this office and advise that the State Commission Assessment Panel (SCAP) will within the prescribed time forward to Council its report in accordance with Regulation 29 of the Development Regulations 2008 and (if applicable) any requirements under Section 33 (1)(c) of the Development Act 1993

Yours faithfully

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 29: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

8152018 62701JPG (554times638)

httpswwwedalasagovauContent85600085612162701JPG 11

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 30: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

Tax Invoice Receipt

ABN 92 366 288 135Agency Department of Planning Transport and InfrastructureAddress PO Box 1815 Adelaide SA 5001Phone 7109 7018

Fee Description GST excl GST GST incl

Lodgement Fee (additional allotment) $21400 $000 $21400Land Division Fee (additional allotment) $16100 $000 $16100Land Division Fee (per Additional Allotment) $1520 $000 $1520Statement of Requirements Fee (additional allotment)$42600 $000 $42600Certificate of Approval Fee (additional allotments) $35500 $000 $35500DAC Consultation Report Fee (additional allotments) $21300 $000 $21300

Total $138420 $000 $138420

APPLICATION DETAILSUnique Id 62701Development Number 931D01318Agents Reference 18342Applicant Mr Kym Leon ClarkeOwner Mr Kym Leon ClarkeType CreditCardAgent P A Dansie amp AssociatesAddress PO Box 1003 Port Lincoln 5606

South Australia

TRANSACTION DETAILSReceived Monday 13 Aug 2018Receipt Ref No 86050049159Process Id DEV6270120180813111841011Amount Paid $138420Payment Method Credit Card

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 31: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

NO GOVERNMENT ADMINISTRATIVE INTERESTS

There are no

bull Planning interests (either land division or land use)

bull State Heritage interests

bull Aboriginal Heritage interests

bull Environment Protection Act interests recorded on the Property Interests System for this property at the date of lodgement of the application Other Government Departments may have administrative interests recorded but this has not been searched by Department of Planning Transport and Infrastructure NOTE The Certificate of Title should be checked for registered interests eg Land Management Agreements

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 32: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993

Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 33: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

27 August 2018

SA Water Level 6 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119

Our Ref H0075993 Inquiries JOSIE BONNET Telephone 7424 1119

The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000

Dear SirMadam

PROPOSED LAND DIVISION APPLICATION NO 931D01318 AT PORT LINCOLN

In response to the abovementioned proposal I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporations requirements which are listed below

The financial requirements of SA Water shall be met for the provision of water supply and sewerage services

An investigation will be carried out to determine if the connections to your development will be costed as standard or non standard

On approval of the application all internal water piping that crosses the allotment boundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

Yours faithfully

JOSIE BONNET

for MANAGER LAND DEVELOPMENT amp CONNECTIONS

ATTACHMENT I20188451

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 34: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

Contact Telephone Email

Planning Services 7109 7016 dldptipdclearanceletterssagovau

27 August 2018

The Chief Executive Officer City of Port Lincoln

Dear SirMadam

Re Proposed Application No 931D01318 (ID 62701)

for Land Division by Mr Kym Leon Clarke

In accordance with Section 33 of the Development Act 1993 and Regulation 29 (1) of the Development Regulations 2008 and further to my advice dated 14 August 2018 I advise that the State Commission Assessment Panel (SCAP) has consulted with SA Water Corporation (only) regarding this land division application A copy of their response has been uploaded in EDALA for your consideration The Commission has no further comment to make on this application however there may be local planning issues which Council should consider prior to making its decision

I further advise that the State Commission Assessment Panel has the following requirements under Section 33(1)(c) of the Development Act 1993 which must be included as conditions of land division approval on Councils Decision Notification (should such approval be granted)

1

The financial requirements of SA Water shall be met for the provision of water supply andsewerage servicesAn investigation will be carried out to determine if the connections to your developmentwill be costed as standard or non standardOn approval of the application all internal water piping that crosses the allotmentboundaries must be severed or redirected at the developersowners cost to ensure that the pipework relating to each allotment is contained within its boundaries

2 Payment of $2912 into the Planning and Development Fund (1 allotment(s) $2912allotment)Payment may be made by credit card via the internet at wwwedalasagovau or by phone(7109 7018) by cheque payable to the Department of Planning Transport andInfrastructure and marked Not Negotiable and sent to GPO Box 1815 Adelaide 5001 orin person at Level 5 50 Flinders Street Adelaide

3 A final plan complying with the requirements for plans as set out in the Manual of SurveyPractice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General tobe lodged with the State Commission Assessment Panel for Land Division Certificatepurposes

The SA Water Corporation will in due course correspond directly with the applicantagent regarding this land division proposal

PLEASE UPLOAD THE DECISION NOTIFICATION FORM (VIA EDALA) FOLLOWING COUNCILS DECISION

Yours faithfully

ATTACHMENT I20188452

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 35: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

Biljana Prokic Land Division Coordinator - Planning Services as delegate of STATE COMMISSION ASSESSMENT PANEL

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 36: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000LET02

18 January 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land Division (creating one additional allotment)

77 St Andrews Drive Port Lincoln

On behalf of Mr Kym Clarke we refer to the above-mentioned development application submitted by P A Dansie and Associates on behalf of the application MasterPlan has been engaged by the applicant to review the proposal and provide an opinion in respect of its consistency with the Port Lincoln Development Plan

This correspondence is intended to constitute a Brief Statement in Support as required by Regulation 17 of the Development Regulations 2008

Please find enclosed with this correspondence a Building Envelope Plan prepared in respect of the subject allotment Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

We consider that with the imposition of a Land Management Agreement the proposed development is an appropriate development of the subject site that warrants Development Plan Consent Land Division Consent and Development Approval being granted Whilst land division is not envisaged in the precinct in which the site is located we consider that this is not fatal to the proposal and when assessed against all relevant provisions of the Development Plan having due regard in particular to the context of the locality that the proposal is appropriate notwithstanding that it is for a non-complying form of development

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I2019535

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 37: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000LET02 2

In following sections of this correspondence we set out the nature of the subject site and locality relevant provisions of the Development Plan and our assessment of the proposal

SUBJECT SITE

The subject allotment is located on the northern side of St Andrews Drive at Port Lincoln

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slop downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

The allotment is currently undeveloped and retains patchy native vegetation in the form of mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

LOCALITY

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace Dwellings are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings in substantially smaller allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 38: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000LET02 3

RELEVANT DEVELOPMENT PLAN

At the time the application was lodged the relevant Development Plan was the Port Lincoln Council Development Plan ndash Consolidated 6 February 2018

The subject site is located within the Residential Zone and within that Zone within Precinct 7 ndash Residential 1

Of key note in Precinct 7 is that Land Division is listed as a non-complying form of development

ASSESSMENT

Precinct 7 is a small precinct location on the northern side of St Andrews Terrace extending eastwards from South Point Drive and comprising only seven allotments all of which are in the order of 2000 square metres in area

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 39: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000LET02 4

Precinct 7 contains seven principles of development control which augment those which apply to the Residential Zone as a whole Of interest there is no Desired Character statement for Precinct 7

Each principle and our assessment of the proposal against it follows (noting that most of the provisions relate to future built form

37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings The building envelope plan proposed to be implemented by the LM will define side setbacks which will ensure that only detached dwellings can be constructed on the two allotments proposed by the division

38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan proposed to be implemented by the LMA will ensure that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The building envelope plan will require a minimum setback of 90 metres from the northern allotment boundary

41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing could be controlled by the LMA if required

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 40: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000LET02 5

43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings could be controlled by the LMA if required

In respect of principles of development control which apply to the Residential Zone as a whole it is noted that the proposal is consistent with Principle 3 which states

3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

It is also considered that the proposed development will enable the construction of dwellings on both allotments which are consistent with the quantitative standards set out in Principle 9

CLOSURE

We consider that the proposal exhibits significant merit and warrants Council proceeding with a full assessment of the application

Should Council require any further information in order to make a determination to proceed with a full assessment please contact the writer

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Building Envelope Plan cc Low and Redding Design Att Mr Bruce Redding (by email)

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 41: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 42: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000LET03

10 April 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Statement of Effect

On behalf of Mr Kym Clarke we refer to your correspondence of 1 February 2019 in which Council advised that it had determined to proceed with an assessment of the above-mentioned application and requested a Statement of Effect

Please find attached a Statement of Effect consistent with the requirements of the Development Act 1993

Please contact the writer should anything further be required to enable the application to proceed to public notification

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

enc Statement of Effect cc Lowe amp Redding Design Att Mr Bruce Redding (by email)

City of Port Lincoln PO Box 1787 PORT LINCOLN SA 5606

By email jessburnsplccsagovau

ATTACHMENT I201915179

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 43: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

Prepared by MasterPlan SA Pty Ltd

ABN 30 007 755 277 ISO 90012015 Certified

33 Carrington Street Adelaide SA 5000 Telephone 8193 5600 masterplancomau

April 2019

Statement of Effect

Development Application 931D0132018

Land Division (creating one addiotnal allotment) at 77 St Andrews Drive Port Lincoln

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 44: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 1

10 INTRODUCTION

This Statement of Effect has been prepared on behalf of the applicant Mr Kym Clarke for an application involving land division (creating one addiotnal allotment) of a site located at 77 St Andrews Drive Port Lincoln The application is Development Application 931D0132018 and has been lodged on behalf of the applicant by PA Dansie amp Associates

The subject site falls entirely within the Residential Zone (the Zone) and within Precinct 7 ndash Residential 1 (the Policy Area) Within the Zone lsquoland divisionrsquo is specified as non-complying in the Procedural Matters section

The Development Plan states that the following forms of development are non-complying

lsquoLand division within any of the following precincts

(a) Precinct 6 Unsewered Area

(b) Precinct 7 Residential 1

(c) Precinct 8 Easternrsquo

Except

lsquoExcept where all of the following are achieved

(a) the site is within Precinct 8 Eastern

(b) the construction of the Western Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bay and Concept Plan Map PtL5 - Western Link Road

(c) the construction of the Marina Link Road has been completed in accordance with Concept Plan Map PtL3 - Proper Bayrsquo

The proposal does not meet the prescribed exceptions of the Zonersquos Procedural Matters and therefore is of a non-complying nature

On 1 February 2019 the Port Lincoln Council resolved to proceed to further assess the application and in so doing requested the preparation of this Statement of Effect

The Statement of Effect has been prepared in accordance with Regulation 17(5) of the Development Regulations 2008

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 45: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 2

This Statement of Effect contains

bull a description of the subject site

bull a description of the nature of the development and the nature of its locality

bull a statement as to the provisions of the Development Plan which are relevant to an assessment of the proposed development

bull an assessment of the extent to which the proposed development complies with the provisions of the Development Plan and

bull an assessment of the expected social economic and environmental effects of the development on its locality

In preparing this Statement of Effect we have done the following

bull examined the proposed plan of division

bull inspected the subject site and locality and

bull examined the relevant provisions of the Port Lincoln Council Development Plan (Consolidated 6 February 2018)

We are satisfied that the proposal exhibits substantial planning merit to warrant Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel

20 SUBJECT SITE AND LOCALITY

21 Subject Site

The subject site (the site) is located on the northern side of St Andrews Drive at Port Lincoln The site is formally described in the Certificate of Title as Section 70 Area Names Port Lincoln Hundred of Lincoln Certificate of Title Volume 5485 Folio 388

See Attachment A for a Certificate of Title Register Search for the subject allotment

The allotment is trapezoid in shape with frontage to St Andrews Drive of 3067 metres a northern boundary of 3163 metres and a depth which varies between 7207 metres and 7571 metres

The allotment has an overall area of 2217 square metres

The allotment has a slight slope downwards from St Andrews Drive to the northern boundary which equates to approximately 25 metres along the length of the allotment This gives an average grade of 34 percent or 1 in 29

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 46: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 3

The allotment is currently undeveloped and retains patchy native vegetation in the form of Mallee scrub across the allotment

The allotment has access to all relevant infrastructure services

22 Locality

The locality is defined by the surrounding residential development which now extends to the west south and east of the subject allotment on both sides of St Andrews Terrace

Dwellings in the locality are typically detached dwellings with those adjacent the site on the northern side of St Andrews Terrace being large dwelling located on generally large allotments Dwellings on the southern side of St Andrews Terrace which have been constructed more recently are typically moderate to large dwellings located on substantially smaller sized allotments

To the north of the subject site is a public reserve located in the Coastal Open Space Zone This reserve encompasses the interface between residential development and the coast It contains vegetation and walking trails together with infrastructure and a car parking area in the vicinity of the subject site

The level of amenity in the locality is high with the high quality of the dwellings well maintained allotments the proximity to the coast and the level of vegetation being positive contributors The area is clearly defined as a high-quality suburban environment with coastal and marina interfaces

30 DESCRIPTION OF PROPOSED DEVELOPMENT

The proposed development involves land division (creating one additional allotment)

Please find in Attachment B a Building Envelope Plan with an overlay of the plan of division prepared in respect of the site Our client proposes that the Building Envelopment Plan be enforced by way of a Land Management Agreement to be registered over the allotment in accordance with Section 57A of the Development Act 1993 to ensure that future built-form development on the site is appropriately managed

40 RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

The relevant Development Plan is the Port Lincoln Council Development Plan consolidated version dated 6 February 2018

The following Development Plan provisions are considered to be most relevant to an assessment of the proposal

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 47: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 4

Residential Zone

Objectives 1 and 3

Principles 1 2 3 7 9 11 37-43

Council-wide - lsquoLand Divisionrsquo

Objectives 2 3 and 4

Principles 1 4 6 and 7

Council-wide - lsquoOrderly and Sustainable Developmentrsquo

Objectives 1 2 3 and 4

Principles 1 and 3

To determine the extent to which the proposed development sufficiently conforms to the Development Plan Section 50 below evaluates the proposal against the most relevant provisions of the Councilrsquos Development Plan

50 DEVELOPMENT PLAN ASSESSMENT

51 Nature of Development

It is considered that the proposed development supports a use that is consistent with the intent of the Zone and Precinct 7 notwithstanding the fact that land division in Precinct 7 is listed as non-complying in the Zonersquos Procedural Matters We contend that the intent of the non-complying trigger has expired when viewed in context with the existing character and prevailing pattern of development in the surrounding locality

The precinct appears to date from the original development of the Lincoln Cove Marina All of the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 48: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 5

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of between 400 ndash 600 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and allotments located in Precinct 7

Whilst land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

Given the above we have formed the view that the intent of the non-complying has expired when viewed in context with the site and surrounding locality Further the proposed land use is considered to be consistent with the prevailing polices of the Development Plan the Zone and Precinct 7

We consider the decision on the Full Court of the Supreme Court in the matter of the Town of Gawler V Impact Investment Corporation (2007) SASC 356 is relevant to consideration of the appropriateness of the proposed land use This determination provides a clear test for assessing a proposed land use which is not expressly envisaged in a Zone Our following discussion talks separately to each criterion associated with this test identified in the Town of Gawler v Impact Investment Corporation

In the decision His Honours Doyle Bleby and Anderson set out in part

81 In order to determine whether a relevant Planning Authority or the ERD Court is justified in departing from a clearly expressed policy like principle 8 I consider that each of the following matters is relevant

1 The language of the principle or principles concerned ndash whether it is direct or contemplates some flexibility in approach

Whilst the non-complying trigger does not contemplate a flexible approach to determining the nature of development we contend that the trigger no longer reflects the intent of the Residential Zonersquos Procedural Matters that concerns land division in Precinct 7 The proposal sufficiently accords with the objectives and principles set out in the Zone and Precinct 7 outlining further the current conflict between the Procedural Matters of the Zone and prevailing policies

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 49: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 6

2 Whether the relevant principle is in conflict with some other applicable planning principle That is likely to happen only rarely in which case the more specific principle may displace the more generally expressed principle

3 The evident purpose and objective of the policy expressed in the principle or principles concerned

The proposed land division will facilitate residential development capable of according with the relevant provisions of the Zone and Precinct 7 including those that limit boundary setbacks site area frontage preventing erosion and loss of vegetation fencing and development of associated buildings

The relevant Objectives and Principles of Development Control (PDC) of the Zone and Precinct 7 are listed below with justification provided for each

Zone Objective 1 A residential zone comprising a range of dwelling types including a minimum of 15 percent affordable housing

The proposed land division will facilitate residential dwellings of varied types including detached and semi-detached

Zone Desired Character ldquoNew developments will maintain reinforce and enhance the existing character of the zone and each individual character areardquo

ldquoFuture land division and the design and siting of new buildings should mitigate bushfire risk through adopting the relevant requirements of the Ministerrsquos Code for Undertaking Development in Bushfire Prone Areas For new development in areas of medium or high bushfire risk the future road network will also facilitate safe emergency access for fire fighting or evacuation purposes by avoiding cul-de-sacs or other no-through roadsrdquo

The proposed density associated with the development is consistent with surrounding residential dwellings particularly to the south of the site The proposed configuration and site area for each allotment will facilitate orderly residential development that is designed to ensure all domestic services can be provided

We note that the site is located in an lsquoexcluded area from bushfire protection planning provisionsrsquo as displayed on BPA Map PtL5

Zone PDC 1 The following forms of development are envisaged in the zone

hellip

dwelling

The proposed land division will facilitate the development of a dwelling on each allotment in accordance with the list of envisaged developments in PDC 1 of the Zone

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 50: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 7

Zone PDC 3 Vacant or under utilised land should be developed in an efficient and co-ordinated manner to increase housing choice by providing dwellings at densities higher than but compatible with adjoining residential development

The site is vacant and currently underutilised therefore the land division will facilitate residential development of an appropriate density that is compatible with the surrounding locality

The Building Envelope Plan proposed to be implemented by the LMA provides a building envelope over the plan of division to display a built form that complies with the relevant provisions of the Zone and Precinct 7 In reference to PDC 6 of the Zone the Building Envelope Plan depicts primary setbacks in excess of 6 metres side setbacks of 15 metres rear setbacks in excess of 3 metres and a site coverage no greater than 50

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 51: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 8

The Building Envelope Plan displays proposed site areas that exceed the minimum requirements prescribed within PDC 11 of the Zone

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 52: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 9

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Given the proposal clearly conforms with the relevant Zone and Precinct provisions we contend that the non-complying trigger does not stand alone in determining the appropriateness of the proposed development As outlined the intent of the non-complying trigger is considered dated when applied in context with surrounding development and the prevailing character of the locality

4 The significance of the policy to this particular Development The clearer the policy in its application to a particular development the more compelling the reasons for departing from the policy will need to be

5 Where the policy contemplates possible degrees of compliance the extent of the Developmentrsquos compliance with the policy

6 Consistency of the Development with other objectives and purposes of the Zone

7 Whether there is something unusual about the Development or the land on which it is to take place which makes the policy inapplicable or inappropriate

8 Whether other events have happened since the Development Plan was adopted which make the policy redundant either generally or in respect of this particular development

As we have expressed above the intent of the non-complying trigger appears to have expired particularly as the surrounding locality and character has undergone significant change in recent years with the rezoning of the land to the south of the subject site for residential development The proposal appropriately satisfies the objectives and provisions of the Zone and Precinct and therefore it is considered that the proposal offers sufficient merit for departing from the policy that discourages non-complying development (Zone PDC 2)

We consider that the proposal will also ultimately meet the General Section policies including those related to access and car parking residential development and economic and orderly development Proceeding sections discuss the proposals accordance with the General Section in greater detail

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 53: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 10

9 The probable effect of non-compliance with the policy on the planning objectives of the Zone

10 Whether non-compliance with the policy in this case is likely to encourage other non-complying developments in the Zone

The probable effect of the proposed non-complying land use will be the facilitation of residential dwellings that will be able to satisfy the land use character and built form requirements of the Zone and Precinct 7

The proposal will only facilitate residential development of which is expressly envisaged in the Residential Zone

We would note that given all of the other allotments in the Precinct are developed with detached dwellings the proposed development is unlikely to trigger the demolition of those dwellings and re-subdivision of their sites until such time as the dwellings reach the end of their economic life Having regard to the current condition of the dwellings within the precinct the probability of such redevelopment occurring in the new future is considered to below

In summary we would suggest that while the proposal is non-complying it accords with the prevailing objectives and provisions of the Zone and Precinct 7 On this basis we contend that the proposed land use is an appropriate development of the site and satisfies the assessment test identified in Town of Gawler v Impact Investment Corporation

52 Land Division

The objectives of the General Section for land division outlines that allotments should be created appropriately for their intended use be well integrated with the site and localities landscape and restricted in rural areas for the efficient use of primary production

Objective 2 Land division that creates allotments appropriate for the intended use

Objective 4 Land division that is integrated with site features including landscape and environmental features adjacent land uses the existing transport network and the availability of infrastructure

The land division is intended to facilitate residential dwellings in accordance with the list of envisaged developments in the Zone The site areas of each proposed allotment are complementary to the size of other allotments in their locality and consistent with the relevant provisions of the Zone The proposal would facilitate future dwellings and the removal of some vegetation however the level of removal would be of a reasonable nature Further the Building Development Plan displays a building and driveway footprint that seeks to minimise removal of vegetation

General Section PDC1 highlights the need for land division to facilitate the management of stormwater prevent undue erosion of the subject land and ensure waste is managed accordingly

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 54: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 11

PDC 1 When land is divided

(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner

(b) a sufficient water supply should be made available for each allotment (c) provision should be made for the disposal of wastewater sewage and other

effluent from each allotment without risk to health (d) proposed roads should be graded or be capable of being graded to connect

safely and conveniently with an existing road or thoroughfare

The allotments will be capable of connecting to the full suite of essential services (stormwater wastewater and power) and do not produce a greater risk of pollution on surface or underground waters than the existing dwellings in the locality

Moreover the proposal preserves the easements located to the rear of the site in favour of the Minister for Infrastructure The proposed development is considered compliant with the provisions of the General Section for land division insofar as

bull all vehicle types including emergency vehicles will be provided safe and convenient access when the site is further developed for residential purposes

bull fire hazard separation zones isolating the residential allotments from areas that pose bushfire risk will be achieved

bull the proposal minimises the need for significant levels of cut and fill to accommodate future dwellings

bull the proposal will preserve the existing level of amenity enjoyed by surrounding residential dwellings

bull a reasonable level of vegetation would be removed to facilitate future dwellings and

bull the proposal seeks to accommodate one future dwelling on each allotment

Given the above we consider the proposed land division to comply with the relevant provisions of the Development Plans General Section for land division

53 Orderly and Sustainable Development

The objectives of the General Section of the Development Plan for orderly development seek to ensure development creates safe convenient and pleasant environments in which to live that development occurs in an orderly sequence and does not jeopardise the continuation of adjoining land uses The proposal provides an orderly development resulting in allotment sizes and configurations that generally reflect the existing pattern of land division in the wider locality

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 55: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 12

The development should not hinder or constrain the continuing use of adjacent residential properties nor significantly compromise the environmental integrity of coastal land to the north of the site On this basis the development is considered to comply with the orderly development provisions of the Development Plan

60 ASSESSMENT OF EXPECTED SOCIAL ECONOMIC AND ENVIRONMENTAL EFFECTS

61 Expected Social Effects

The proposed development is expected to have a positive social effect because it will

bull offer residents of the future dwellings and their visitors the opportunity to enjoy the high amenity afforded by the sitersquos natural surroundings and

bull maintain and enhance the existing sense of residential community in the locality

62 Expected Economic Effects

The proposed development is expected to have a positive economic effect because it will

bull not result in the need for additional community expenditure as the applicant will fund the installation and upgrade of any domestic infrastructures and services required now and when the future dwellings are constructed

bull allow the land owners to improve the value of their site and

bull allow local businesses to benefit by offering goods and services during the construction stages of the any future dwellings

63 Expected Environmental Effects

The proposed development is expected to contribute to the environment because

bull minimal earthworks will be necessary to accommodate future dwellings on each proposed allotment

bull the allotments can be easily connected to the full suite of essential services and infrastructure to preserve the environmental amenities of the site and locality and

bull no clearance of vegetation is proposed as part of the land division and a reasonable level of vegetation removal will be needed during the construction of future dwellings

The proposed land division is not considered to create adverse environmental conditions on the site or to adjacent landowners by way of odour noise dust or other nuisances

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 56: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000SOE01 13

The proposal is furthermore not expected to detract from the aesthetic appeal of the wider area nor will it compromise the Zonersquos existing character and appeal

70 CONCLUSION

We have concluded from our assessment of the proposed development that it warrants Development Plan Consent and Land Division Consent subject to the concurrence of the State Commission Assessment Panel for the following reasons

bull it is orderly and economic

bull it will not significantly alter the existing pattern of development in the locality

bull makes efficient and effective use of the land available to be developed

bull the site will be provided access to the full suite of essential services

bull no vegetation will be cleared in the land division proposal and

bull the proposal will not alter the high level of amenity presently enjoyed by the adjoining residential properties in the locality

We conclude that the development satisfies the relevant provisions set out in the Port Lincoln Council Development Plan and thereby warrants Development Plan Consent and Land Division Consent subject to the State Commission Assessment Panelrsquos concurrence of that consent and subject to a requirement that pursuant to Section 57A of the Development Act 1993 the applicant enter into a Land Management Agreement to the satisfaction of Council which sets out the required envelopes for the construction of future dwellings on the created allotments and provided for the control of other relevant matters

Michael Richardson Bachelor of Urban and Regional Planning (Hons)

9 April 2019

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 57: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

ATTACHMENT A

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 58: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching

Certificate of Title - Volume 5485 Folio 388Parent Title(s) CT 4292252

Creating Dealing(s) CONVERTED TITLE

Title Issued 19121997 Edition 5 Edition Issued 12012005

Estate TypeFEE SIMPLE

Registered ProprietorKYM LEON CLARKE

OF PO BOX 869 PORT LINCOLN SA 5606

Description of LandSECTION 703HUNDRED OF LINCOLNIN THE AREA NAMED PORT LINCOLN

EasementsSUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE MINISTER FOR INFRASTRUCTURE (LANDGRANT VOL4274 FOLIO 407)

Schedule of DealingsDealing Number Description

9084204 ENCUMBRANCE TO LINCOLN COVE DEVELOPMENT CO PTY LTD (SINGLE COPY ONLY)

10131319 MORTGAGE TO WESTPAC BANKING CORPORATION

NotationsDealings Affecting Title NIL

Priority Notices NIL

Notations on Plan NIL

Registrar-Generals Notes NIL

Administrative Interests NIL

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 1 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 59: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

Product Register Search (CT 5485388)

DateTime 13022019 1144AM

Customer Reference 51000

Order ID 20190213004262

Cost $2875

Land Services Page 2 of 2

Copyright Privacy Disclaimer wwwsailissagovauhomeshowCopyright wwwsailissagovauhomeshowPrivacyStatement wwwsailissagovauhomeshowDisclaimer

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 60: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

ATTACHMENT B

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 61: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

CstOS

R

Building Envelope

Vegetation Retained

Easement Boundary

Right of Way

Subject Site

Zone Boundary

Coastal Open Space Zone

Residential Zone

CstOSR

Allotment 1 Lot Size 1095m2

Building Envelope 4574m2

Allotment 2 Lot Size 1122m2

Building Envelope 4941m2

1500 A3

10m0

Building Envelope Plan

77 ST ANDREWS DRIVEPORT LINCOLN

FOR KYM CLARKE

MASTERPLANCOMAU

copy JAN 2019 HM51000 B

111 222

S T A N D R E W S D R I V ES T A N D R E W S D R I V E

SO

UT

H P

OI

NT

DR

IV

E

SO

UT

H P

OI

NT

DR

IV

E

15m15m15m

30m

30m

200

m

200

m

1534m1533m

15m

1582m

90

m

1581m

140

m

191

m

EASEMENT

VEGETATION RETAINED

VEGETATION RETAINED

RECIPROCAL RIGHT OF

WAY FOR DRIVEWAY

BUILDING ENVELOPE

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 62: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

ATTACHMENT I20194215

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 63: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

29 May 2019

Attention Ms Jess Burns

Dear Ms Burns

Re Development Application 931D0132018 Land division at 77 St Andrews Drive Port Lincoln

Response to Representation

On behalf of Mr Kym Clarke the applicant for the above mentioned development application for land division (creating one additional allotment) of an allotment located at 77 St Andrews Drive Port Lincoln we refer to Council correspondence dated 10 May 2019 which provided the one representation received during the public notification period for the application

This correspondence responds to the representation received

The key issues raised in the representation can be summarised as follows

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

2 Does not maximise the retention of native vegetation

3 Future built form is unknown

4 Whether planning rules will change again to suit property developers

We have considered the issues raised in the representation Many of these issues were covered in detail in the Statement of Effect submitted to Council prior to the public notification occurring We consider that the representation does not raise issues which fundamentally militate against the merits of the proposal that we have previously outlined

Port Lincoln City Council PO Box 1787 PORT LINCOLN SA 5606

ATTACHMENT I202194920

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 64: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000LET04

2

Please find below our response to the matters of concern as expressed in the representations as summarised above

1 Proposal is at odds with the desired character and prevailing rigid rules of Precinct 7

As outlined in the Statement of Effect we consider that the proposed development satisfies each provision of Precinct 7

For clarity our response in the Statement of Effect was as follows

Precinct PDC 37 Development in the precinct should be limited to detached dwellings of maximum two storeys in height

The two allotments proposed by the division are of an appropriate size and configuration to accommodate detached dwellings and this is further displayed on the Building Envelope Plan

Precinct PDC 38 Development in the precinct should be designed and located to maximise the retention of significant native vegetation

Precinct PDC 39 Vehicular access and driveways in the precinct should be limited to minimise erosion and loss of vegetation

The building envelope plan ensures that native vegetation is retained at the front and rear of the allotment Further by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists

Precinct PDC 40 All dwellings in the precinct should be staggered and set-back as far as possible with a minimum of 6 metres set-back from the northern allotment boundary

The Building Envelope Plan displays a minimum setback of 90 metres from the northern allotment boundary

Precinct PDC 41 All dwellings in the precinct should present an attractive frontage to Saint Andrews Drive

The retention of vegetation at the front of the proposed allotments will serve to ensure that only glimpsing views of future dwellings along the driveway are obtained The level of visibility is likely to be consistent with existing dwellings in the precinct

Precinct PDC 42 Site fencing in the precinct should be low-level post and wire and not solid prominent materials

Site fencing is proposed to be controlled by the LMA if required

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 65: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000LET04

3

Precinct PDC 43 Outbuildings in the precinct should be co-ordinated with detached dwellings in terms of building materials and design

The appearance of outbuildings is proposed to be controlled by the LMA if required

Whilst the Zone like all zones in the current format Development Plans does not offer general support for non-complying development we contend that the policy framework embodied in the non-complying trigger for the precinct has largely been rendered redundant when land on the opposite side of St Andrews Terrace was rezoned to accommodate residential development and when viewed in context with the existing character and prevailing pattern of development in the surrounding locality which is now been expressed as a result of residential development following that rezoning

As we detailed in the Statement of Effect the precinct appears to date from the original development of the Lincoln Cove Marina All the allotments in the precinct other than the subject allotment have been developed with large detached dwellings which appear to date from the 1980s and 1990s

From the inception of the precinct until the authorisation of the Part of Deferred Urban Zone DPA on 7 August 2018 the precinct represented the easternmost project of the Lincoln Cover Marina It was a small confined precinct with no development possible on the southern side of St Andrews Drive The character of the precinct was clearly defined by large dwellings on large allotments in a vegetated setting

The authorisation of the Part of Deferred Urban Zone DPA has resulted in a complete change in the context of the locality This DPA resulted in the rezoning of a large area of residential land on the southern side of St Andrews Terrace This residential land which has a higher elevation than the land within Precinct 7 extends further to the east along St Andrews Terrace than does Precinct 7 The land rezoned on the southern side of St Andrews Terrace is located within Precinct 5 ndash Lincoln Cove in which the division of land for residential development on allotments as small as 275 square metres is envisaged

Subsequent to the rezoning in 2014 land on the southern side of St Andrews Terrace has been divided and is in the process of being developed for residential dwellings These dwellings are typically on allotments of 1000 square metres in area and the dwellings due to the elevation difference sit lsquoproudrsquo of the road and the allotments located in Precinct 7

While land within Precinct 7 still provides a transition between the new residential area and the coast dense residential development with large dwellings on moderately sized allotments with limited landscaping is now a central character element in the locality

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 66: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000LET04

4

2 Does not maximum the retention of native vegetation

As explained above by defining reciprocal rights of way over a single shared driveway the amount of vegetation required to be cleared to accommodate a driveway will be equivalent to that to accommodate a single dwelling on the undivided allotment that currently exists For this reason we have formed the view that the proposal does maximise the retention of native vegetation to a reasonable level

We consider that the amount of vegetation that will be retained on the allotment is likely to be reasonably consistent with the amount of vegetation which remains on other allotments within the precinct The proposal will ensure that the vegetation at the front and the rear of the subject land will be retained ensuring the allotments created by the proposed division retain an interface with both St Andrews Terrace and the coastal reserve that is consistent with the surrounding allotments

3 Future built form is unknown

In the overwhelming majority of land division applications allotments are created prior to applications for built form being approved It is recognised during the assessment of the land division application that future built form will be subject to a separate future assessment process

The proposed land division will facilitate the development of one dwelling on each allotment in accordance with the list of envisaged land uses of the Zone

Unlike the majority of land division applications where only the Development Plan will guide future built form development a Land Management Agreement is proposed which will enshrine a building envelope plan to guide future development of the created allotments This provides additional certainty as to the maximum extent of future built form and to the nature of future setbacks proposed

In respect of the interface with the representorrsquos property that nature of the division means that they will be located the side of one dwelling in the future This situation is the same as for the development of a single detached dwelling on the allotment as it currently exists The only material difference is the guidance as to the maximum building envelope and minimum setbacks to be set out in the proposed Land Management Agreement

4 Will planning rules change again to suit property developers

The proposal is for a development approval and will not result in any changes to planning policy

As we understand there are no Development Plan Amendments lodged or being prepared that would affect the site or locality

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 67: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

51000LET04

5

Notwithstanding this any future policy changes will go through public engagement processes prescribed by legislation prior to their approval

CLOSURE

Notwithstanding its designation as a non-complying form of development we consider the proposed development to be an appropriate development of the subject site that reasonably accords with the relevant provisions of the Development Plan

Having regard to the Land Management Agreement proposed to impose a building envelope plan to govern future built form development of the site it is considered that the proposal will ensure that vegetation is appropriately preserved and future built form is appropriately located and set back from property boundaries The proposal for both allotments to be served by a reciprocal right-of-way will minimise both the need for removal of vegetation and the number of crossovers to St Andrews Terrace

We contend that the issues raised in the representation have been addressed accordingly

We are of the opinion that the proposed development has sufficient merit and warrants Development Plan Consent being granted subject to the concurrence of the State Commission Assessment Panel

ATTENDANCE AT COUNCIL ASSESSMENT PANEL MEETING

Please advise the writer of the time and date of the Council Assessment Panel meeting when this matter will be considered so that we can be in attendance to respond to verbal representation and to answer any potential questions the Panel may have

Yours sincerely

Michael Richardson MasterPlan SA Pty Ltd

cc Mr Kym Clarke (by email)

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 68: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 1 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93122818 GJ GARDNER HOMES PL BLD252169 25 HERMITAGE CRESCENT SINGLE STOREY DETACHED

DWELLING

PO BOX 990 PORT LINCOLN Valuation $30319100

PORT LINCOLN SA 5606 Floor Area 19350

Ward BOSTON WARD Type of Building DWELLING

VG No 9343447200

Owners Name amp Address PLTB PTY LTD PO BOX 1726 PORT LINCOLN SA 5606

93123118 C MOULDEN 255 NEW WEST ROAD SINGLE STOREY ADDITION TO

EXISTING DWELLING

PO BOX 2382 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 15100

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9343028006

Owners Name amp Address CHARMAINE RUTH MOULDEN PO BOX 2382 PORT LINCOLN SA 5606

93102219 M amp P BROWN 42 COOK STREET DOMESTIC SHED CONTAINING

ENCLOSED SWIMMING POOL

42 COOK STREET PORT LINCOLN Valuation $1450000

PORT LINCOLN SA 5606 Floor Area 14080

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9348724000

Owners Name amp Address MATTHEW LEIGH BROWN 42 COOK STREET PORT LINCOLN SA

93103119 KEALY BYASS 2 SOUTHWATER DRIVE SINGLE STOREY DWELLING

ATTACHED GARAGE

PO BOX 1303 PORT LINCOLN Valuation $30000000

PORT LINCOLN SA 5606 Floor Area 22630

Ward BOSTON WARD Type of Building DWELLING

VG No 935059900

Owners Name amp Address KEALY BYASS PO BOX 1303 PORT LINCOLN SA 5606

ATTACHMENT O20193497

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 69: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 2 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93103919 MOGAS HOLDINGS PTY LTD 29 JUBILEE DRIVE FREE STANDING SIGNAGE

ASSOCIATED WITH PETROL

FILLING STATION

PO BOX 608 PORT LINCOLN Valuation $200000

PORT LINCOLN SA 5606 Floor Area 400

Ward BOSTON WARD

VG No 9350431004

Owners Name amp Address PORT LINCOLN DEVELOPMENTS PTY LTD C- SG KERLEY amp ASSOC PO BOX 444 KENT TOWN SA 5071

93104219 PORT LINCOLN SMOKEHOUSE 24 - 26 LONDON STREET PART CHANGE OF LAND USE TO

A COMMERCIAL SEAFOOD

COOKING FACILITY IN A

SHIPPING

PO BOX 3262 PORT LINCOLN Valuation $3000000

PORT LINCOLN SA 5606 Floor Area 2980

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9349126053

Owners Name amp Address DEBRA JOAN FORSTER PO BOX 3262 PORT LINCOLN SA 5606

93104419 EMILY KING BLD35796 54 SLEAFORD TERRACE CARPORT ANCILLARY TO

EXISTING DWELLING

54 SLEAFORD TERRACE PORT LINCOLN Valuation $635500

PORT LINCOLN SA 5606 Floor Area 4640

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9344843002

Owners Name amp Address RYAN PROBART JONES 54 SLEAFORD TERRACE PORT LINCOLN SA 5606

93105019 PENNA PLANNING amp DESIGN 19 BAY VIEW ROAD RETAINING WALL AND FENCE

PO BOX 1170 PORT LINCOLN Valuation $5000000

PORT LINCOLN SA 5606 Floor Area 1700

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9339291004

Owners Name amp Address BRENDAN GERARD MICHAEL SHEEHY 27 LINDSAY AVENUE PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 70: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 3 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93105319 PORT LINCOLN TUNA PROCESSORS 122-128 PROPER BAY ROAD REMOVAL AND REPLACEMENT OF

BULK LPG TANK (66KL)

PO BOX 1640 PORT LINCOLN Valuation $2500000

PORT LINCOLN SA 5606 Floor Area 4400

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9346579006

Owners Name amp Address P L TUNA PROCESSORS PTY LTD PO BOX 1640 PORT LINCOLN SA 5606

93105419 P TOKARSKI BLD241715 3 BRISTOL PLACE FREESTANDING CARPORT

3 BRISTOL PLACE PORT LINCOLN Valuation $1000000

PORT LINCOLN SA 5606 Floor Area 5500

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 9348862008

Owners Name amp Address PETER TOKARSKI 3 BRISTOL PLACE PORT LINCOLN SA 5606

93105519 AXEL STENROSS MARITIME MUSEUM 97 LINCOLN HIGHWAY BOAT STORAGE SHED

PO BOX 316 PORT LINCOLN Valuation $3423500

PORT LINCOLN SA 5606 Floor Area 8000

Ward BOSTON WARD Type of Building RCM RETAILCOMMERCIAL NEW MINOR

VG No 9339733001

Owners Name amp Address CITY OF PORT LINCOLNAXEL STENROSS CO AXEL STENROSS MUSEUM PO BOX 316 PORT LINCOLN SA 5606

93105719 CG amp MA CARPENTER U244 PARNKALLA AVENUE CARPORT AND SHED ANCILLARY

TO EXISTING DWELLING

PO BOX 1979 PORT LINCOLN Valuation $3500000

PORT LINCOLN SA 5606 Floor Area 7320

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 9350477002

Owners Name amp Address CG amp MAA CARPENTER PO BOX 1979 PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 71: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 4 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

Permit No Applicants Details Builder Details Site of Building Description of Work

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

93106019 BEVAN PARKER 1 MOONTA CRESCENT GARAGE ANCILLARY TO

EXISTING DWELLING

1 MOONTA CRESCENT PORT LINCOLN Valuation $1144100

PORT LINCOLN SA 5606 Floor Area 3280

Ward BOSTON WARD Type of Building MINOR ADDITIONSOUTBUILDINGS

VG No 934559700

Owners Name amp Address BEVAN JAMES PARKER 1 MOONTA CRESCENT PORT LINCOLN SA 5606

93106119 PENNA PLANNING AND DESIGN 16 BALTIMORE STREET ALTERATIONS AND ADDITIONS

TO EXISTING DWELLING

PO BOX 1170 PORT LINCOLN Valuation $3800000

PORT LINCOLN SA 5606 Floor Area 8420

Ward BOSTON WARD Type of Building MAJOR ADDITIONSOUTBUILDINGS

VG No 934929900

Owners Name amp Address TREVOR KEITH WAKE 16 BALTIMORE STREET PORT LINCOLN SA 5606

93106219 GEOFF DODD 27 CARDIFF ROAD DEMOLITION OF EXISTING

DWELLING AND SHED

20 VOLANTE STREET PORT LINCOLN Valuation $2000000

PORT LINCOLN SA 5606 Floor Area 27100

Ward BOSTON WARD Type of Building Demolition

VG No 9348304006

Owners Name amp Address PAULINE KAYE DODD 20 VOLANTE STREET PORT LINCOLN SA 5606

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting
Page 72: NOTICE OF MEETING Planning, Development and Infrastructure …portlincoln.dcw.lga.sa.gov.au/webdata/resources... · 2019-06-06 · 6 June 2019 Dear Member NOTICE OF MEETING Notice

Printed on 030619 at 1036 CITY OF PORT LINCOLN

Page No 5 DEVELOPMENT APPLICATION SYSTEM (B780SS)

MONTHLY COUNCIL REPORT OF BUILDING APPROVALS

Month May 2019

Current Period End Date 310519

NScanRachelMcGuire37323 - Monthly Building Approvals Report - May 2019docx

Period 010519 Year to

to 310519 Date

Total Council Value $92972200 15 $2451681801 197

Analysis by Classification

1 DWELLING $67319100 4 $1284217701 65

10A PRIVATE NON-HABITABLE $11529600 6 $145169500 80

10B STRUCTURES $7700000 3 $138202100 28

1B BOARDINGGUEST HOUSE $000 0 $10000000 1

2 DWELLING UNITS $000 0 $8000000 1

4 RESIDENTAIL UNIT $000 0 $900000 2

5 OFFICE $000 0 $20960000 5

6 SHOP $000 0 $21209000 4

7 STOREDISPLAY $3423500 1 $10923500 2

8 PROCESSINGPACKAGING $3000000 1 $27000000 4

9B ASSEMBLY BUILDING $000 0 $785100000 5

Analysis by Value

- Major ( $000 and over ) $92972200 15 $2451681801 197

- Minor ( under $000)

Analysis by Type

AMAJ MAJOR ADDITIONSOUTBUILD $13750000 4 $255681500 33

AMIN MINOR ADDITIONSOUTBUILD $7779600 4 $165109700 78

D DWELLING $60319100 2 $1057730001 38

DEM Demolition $2000000 1 $16800000 7

RCA RETAILCOMMERCIAL ADDITIO $000 0 $784309000 10

RMAJ RCM RETAILCOMMERCIAL NEW $000 0 $62000000 3

RMIN RCM RETAILCOMMERCIAL NEW $8923500 3 $89805600 22

SIGN Missing $200000 1 $3246000 4

Untyped $000 0 $17000000 2

  • CAP REPORT - 931-D013-18 - LAND DIVISION 77 ST ANDREWSpdf
    • ATTACHMENT I20187928 - APPLICATION DETAILpdf
      • 931_D013_18 LAND DIVISION-4
      • 931_D013_18 application plan-1
      • 931_D013_18 CT 5485_388-2
      • 931_D013_18 DACReg29Letter2018814162638-3
      • 931_D013_18 LOCATION PLAN ENLARGEMENT-5
      • 931_D013_18 LOCATION PLAN-6
      • 931_D013_18 LODGEMENT FEE RECEIPT-7
      • 931_D013_18 NO GOVERNMENT ADMINISTRATIVE INTERESTS
        • NO GOVERNMENT ADMINISTRATIVE INTERESTS
          • 931_D013_18 SA WATER RESPONSE-1
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
          • Blank Page
            • ATTACHMENT I2019535 - STATEMENT OF SUPPORTpdf
              • Subject Site
              • Locality
              • Relevant Development Plan
              • Assessment
              • Closure
                • ATTACHMENT I20194920 - APPLICANTS RESPONSE TO REPRESENTATIONpdf
                  • Closure
                  • attendance at council assessment panel meeting