PRESENT: Gavin Lloyd Jones – Presiding Member Cr … · Development Assessment Panel Friday 3 July, 2015 Unconfirmed Minutes 2 6.1 Date of Panel Meeting : 3 July 2015 DA NUMBER

Development Assessment Panel Friday 3 July, 2015

Unconfirmed Minutes 1

Minutes of the MEETING of the Development Assessment Panel held on FRIDAY 3RD JULY, 2015, at 10.01 am at the Local Government Centre, Mobilong Suite, 2 Seventh Street, Murray Bridge PRESENT: Gavin Lloyd Jones – Presiding Member Cr Andrew Baltensperger Cr Jerry Wilson Mr Tony Huppatz Ms Susan Lewis Mr Marc Voortman IN ATTENDANCE: Mr Andrew Meddle – General Manager Sustainable Communities Ms Cherry Getsom – Senior Planner Ms Sue Bell – Minutes Secretary 1. APOLOGIES An apology was received from Cr Karen Eckermann. 2. CONFIRMATION OF MINUTES

Recommendation: That the minutes of the Meeting of Development Assessment Panel held on the 20 March, 2015 as circulated to Members, be taken as read.

Cr Andrew Baltensperger moved That the minutes of the Meeting of Development Assessment Panel held on the 20 March, 2015 as circulated to Members, be taken as read.

Seconded by Susan Lewis and CARRIED 3. PRESIDING MEMBER’S REPORT Nil 4. BUSINESS ARISING FROM PREVIOUS MINUTES

Nil 5. CONFLICT OF INTEREST DECLARATIONS

Nil 6. DEVELOPMENT ASSESSMENT MATTERS



6.1 Date of Panel Meeting : 3 July 2015

DA NUMBER 415/72/15 PROPOSAL Change of use from residential (dwelling) to office including

incidental building work APPLICANT Anna Howard (Murray Mallee Aged Care Group Inc.) LOCATION Lot 13 (H.N. 5) Ida Street, Murray Bridge (CT: 5068/144) ASSESSING OFFICER Glenn Searle (Senior Planning Officer) ZONE/POLICY AREA/PRECINCT Residential Zone NATURE OF DEVELOPMENT Merit PUBLIC NOTIFICATION CATEGORY 3 REPRESENTATIONS 1 AGENCY CONSULTATIONS N/A INTERNAL REFERRALS Engineering DEVELOPMENT PLAN 13 March 2014 RECOMMENDATION Development Plan Consent subject to conditions

1. Background The application was lodged on 12/02/15 for the change of use (including incidental building work) from residential (dwelling) to an office which comprised a total area of 132m2. The office was to have three rooms for offices, staff facilities (including a disabled toilet) and five parking spaces at the rear of the building and one disabled space in front of the building. As the proposed office had a total floor area greater than 100m2 the proposal was considered to be non-complying. The proposal was also considered to be non-complying on the basis that it sought the expansion of the existing office for Murray Mallee Aged Care Incorporated which is located on the adjacent land at 2A Myall Avenue. After extensive discussions with the proponent the proposal was amended to reduce the total floor area of the building to 99.4m2. This has been achieved removing the panels that enclosed the verandah at the rear of the building, removing the lean-to and indenting the front and rear entrances to the building. Another important amendment is moving the disabled parking space to the carpark located at the rear of the property. It should be noted that these amendments have changed the development from non-complying to merit (for a more detailed explanation regarding the change to the kind of development see Section - Zone/Policy Area). In considering the amended plans the Council must consider Section 39 (4) of the Development Act, 1993. This states that a relevant authority may permit an applicant to vary an application provided that the essential nature of the development is not changed. “Section 39 (4) A relevant authority may—

(a) permit an applicant— (i) to vary an application; (ii) to vary any plans, drawings, specifications or other documents that accompanied an application, (provided that the essential nature of the proposed development is not changed);” [Author’s highlighting]

The variation reduces the total floor area of the office and changes the location of the car park but does not change the proposed nature of the use of the land. Further the applicant has clarified the relationship between the subject site and the adjacent facility. More specifically, the applicant has confirmed that the use of the subject land will remain separate from the adjoining office and, as such, will not constitute an expansion of an



existing non-complying use. Therefore, as the proposed development remains a change of use from residential to an office it is considered that the variation does not change the essential nature of the proposed development. 2. Proposal The proposal is for the change of use from residential to an office including incidental building work. The proposed office comprises two offices, one meeting/office, staff facilities and a disabled toilet. A total of six (6) car parking spaces, including one (1) disabled car park which are to be located at the rear of the building. The proposal will utilise the existing access located near the southern boundary. Plans of the proposal are located in ATTACHMENTS 1 & 2. To reduce the total floor area of the building to less than 100m2 (and avoid the non-complying trigger) the walls enclosing the verandah (forming the storage area and toilet) will be removed and minor modifications to the entrances (recessing the doorways) will be undertaken. Consideration relating to the nature of the proposed development is contained in the Development Assessment section of this report. The applicant has also provided additional information in the form of a planning report and legal opinion (see ATTACHMENT 2). 3. Site and Locality The subject land is located at Lot 13 (H.N 5) Ida Street, Murray Bridge (CT: 5068/144). The allotment is rectangular in shape with an area of approximately 950m2 and contains an old bungalow style dwelling. A driveway providing access to the rear of the allotment is located on the south-western boundary. The Ida Street locality is characterised by single storey dwellings built of stone or brick and situated on large allotments (> 600m2). At the eastern end of Ida Street is the Murray Bridge Swimming Pool. The northern side of Ida Street (up to the Myall Avenue intersection) contains several non-residential uses, namely the adjacent Murray Mallee Aged Care facility and a car park for a business fronting Adelaide (located at 2/64 Adelaide Road and 1A Ida Street). For further detail refer to the locality map in the ATTACHMENT 3. The broader locality is split into two zones, with Ida Street located in the Residential Zone and allotments fronting Adelaide Road in the Regional Town Centre Zone. Those allotments to the north which front Adelaide Road are predominantly commercial in nature (shops, offices, and the like. The Historic Conservation Area 2, is located to the rear of the subject land and stretches along Adelaide Road between 96 Adelaide Road and 72 Adelaide Road. One local heritage place, 72 Adelaide Road, is located directly behind the subject land (see ATTACHMENT 3). 4. Summary of Representations and Applicants Response Pursuant to Section 38(2) (c) of the Development Act 1993, the application is a Category 3 form of development, which requires placing a notice in the local paper (The Murray Valley Standard) and notifying adjoining/surrounding landowners/occupiers by letter. As part of this process, one representation was received (see ATTACHMENT 4).



The representor Ms Maxine Phillips, who owns 74 Adelaide Road, is concerned about the number of car parks provided and the impact that the proposal will have on the surrounding streets and any increase in on street car parking. The applicant responded to the representation by stating that the car parks that will be provided at the rear of the subject land on Ida Street will alleviate any congestion in Myall Avenue. It should be noted that the proposal complies with the car parking requirements outlined in Table MuBr/2. As stated previously the proponent lodged amended plans which reduced the total floor area to less than 100m2, clarified the relationship with the adjacent allotment and placed all car parks behind the building. As the proposal did not change the essential nature of the development, increase the impact of the proposed use or exacerbate any issues which the representor raised the Council in accordance with Regulation 20 (4) of the Development Regulations, 2008 (attached below) considered that the proposal did not need to be re-notified. However, in the interests of natural justice the Council wrote to the representor informing them of the variation prior to the DAP meeting. Regulation 20 (4)

(4) If an application is varied following referral under Part 5 or giving of notice under Part 6, the relevant authority may, if it is of the opinion that the variations are not substantial, consider the application without the need to repeat an action otherwise required under Part 5 or Part 6.

5. Referrals No external referrals were required. The application was referred to Council’s engineer whose only request was that the disabled car park be designed in accordance with Australian Standards. If the proposal were to be supported a condition requiring this would be attached to the approval. 6. Development Assessment 6.1 Zoning Provisions The subject land is situated within the Residential Zone, near the boundary of the Regional Town Centre Zone. The Historic Conservation Area 2, is located to the rear of the subject land (north of the site) and stretches along Adelaide Road between 96 Adelaide Road and 72 Adelaide Road. The policy intent of the Residential Zone is to provide a range of dwelling types (including a minimum of 15% affordable housing) with increased dwelling densities in close proximity to centres, public transport and public open spaces. In regards to non-residential development the Residential Zone seeks to limit non-residential uses to small scale developments that serve the local community and do not detrimentally impact on the amenity of nearby residents. Further to this PDC 1 provides a list of examples of non-residential development which are envisaged in the Zone: • child care facility • health and welfare service • open space • primary and secondary school



• recreation area • shop, office or consulting room The non-complying list provides a quantitative measure to guide the scale of non-residential uses (in this case an office) within the Residential Zone. Offices with a total floor area greater than 100 square metres are non-complying within the Zone. As previously stated the application was originally lodged with a total floor area greater than 100m2 (132m2). The proposal was also considered to have a direct and functional relationship with the adjacent Murray Mallee Aged Care facility and deemed to be an expansion of the adjacent non-complying use. More recently the applicant has amended the proposal to reduce the total floor area to less than 100m2 (99.4m2). The applicant has also provided additional information and a legal opinion showing the proposal does not have a functional relationship with the adjacent building (see ATTACHMENTS). Therefore the proposal is to be assessed as a merit application and not as a non-complying one. As mentioned above, the applicant has provided a legal opinion stating why the proposal should not be considered a linked development. This opinion states that the buildings are on separate allotments, and will operate independently with their own services, vehicular and pedestrian access and there is no interconnection between the sites. Essentially different staff from separate divisions of the same company will work in the two buildings and whilst the employer remains the same there is no plan to interchange employees between the two buildings. 6.2 Assessment For the reasons listed above the proposal is to be considered on its merits against the relevant provisions of the Development Plan. The Development Act 1993 provides that a Planning Authority is to have regard to the relevant provisions of the Development Plan in assessing development proposals. The main provisions of the development plan to consider are PDC 1 and 4 of the Residential Zone which specifically relate to non-residential development. These provisions should be considered alongside the non-complying table which prescribes a total floor area for offices of 100m2. PDC 1: The following forms of development are envisaged in the zone:

▪ affordable housing ▪ domestic outbuilding in association with a dwelling ▪ domestic structure ▪ dwelling ▪ dwelling addition ▪ small scale non-residential use that serves the local community, for example:

- child care facility - health and welfare service - open space - primary and secondary school - recreation area - shop, office or consulting room

▪ supported accommodation. PDC 4: Non-residential development such as shops, schools and consulting rooms should be of a nature and scale that:

(a) serves the local community



(b) is consistent with the character of the locality (c) does not detrimentally impact on the amenity of nearby residents.

Principle of Development Control 1 lists two tests that a non-residential use should address in order to satisfy this particular provision. These are; that the use is small scale and that it serves the local community. Principle of Development Control 1 then goes onto provide a list of non-residential uses which are acceptable. Principle of Development Control 4 provides the same two tests (small scale and serving the local community) but adds a third and fourth; that it is consistent with the locality and does not detrimentally impact the amenity of nearby residents. The compliance of the proposal with these three tests is expanded upon below. Small Scale Use: When considering if the proposal is small scale, guidance can be taken from the Residential Zone non-complying table which states that offices with a total floor area greater than 100m2 are non-complying. As this is a prescriptive test within the non-complying table it is considered that the small scale test revolves around the size of the development. Since the proposal is for an office of 99.4m2 it is considered to comply with this provision. In addition, the proposal seeks a change of use of the existing building which only involves minimal changes to the built form. Therefore, from both a land use and built form perspective, the proposal is considered to be of a small-scale. In addition the Residential Zone contemplates other non-residential development such as retail shops, schools and child care facilities which may have a greater impact on the locality than what an office will have. Serves local community: The Murray Mallee Aged Care Group provides health and welfare services for the frail and aging population of Murray Bridge. The group also operates in a number of locations within the Murray Mallee region providing similar services. The proposed office building would provide services to the local population and while providing services to the business as a whole. Therefore it is considered to meet this requirement. Consistent with the character of the locality: The building will be consistent with the character of the locality as it re-uses the existing built form of the dwelling. Minimal changes are required to the front entrance and also the removal of the additions located to the side and rear of the building. However these changes will improve the overall appearance of the building. The northern side of Ida Street contains a number of non-residential uses, namely the other Murray Mallee Aged Care facility (adjacent) and a car park for a business fronting Adelaide Road. The rest of the street is predominantly used for residential purposes. However, as the proposed office re-uses the existing dwelling with minimal changes to the façade and will generate few off-site impacts (noise, traffic, etc) it is considered to be consistent with the character of the locality. Does not detrimentally impact on amenity: The northern side of Ida Street contains several non-residential uses which operate in a similar fashion to the proposed development. The proposed office development will not detrimentally impact on the local amenity as it is to be used during normal office hours of 9am to 5pm Monday to Friday. Further the proposed use will not generate any off-site impacts (noise, car parking, etc). The number of car parks to be provided meets the



minimum required by Table MuBr/2 of the Development Plan (5.5 car parks). There is room to provide even greater numbers if required. In terms of the car park and driveway it is noted that they will be located well away from the existing dwellings to the existing dwellings to the rear and north-east of the subject land. Therefore, any potential impacts will be minimal. 7. Assessment Summary Once all of the information had been provided to the Council it is obvious that the circumstances of the proposed development (i.e. that it is a separate use from the adjoining facility) are no different to a generic office use. Therefore the proposal is not an expansion of the adjacent facility, nor is it non-complying as the proposal has a total floor area less than 100m2. The proposal is one that must be assessed on its merits against the provisions of the development plan. Principles of Development Control 1 and 4 of the Residential Zone provide the most relevant guidance in that they list the circumstances where non-residential uses should be developed in the Residential Zone. These provisions provide a number of tests that non-residential should meet. As can be seen the proposal meets these provisions as it maintains the existing built form of the dwelling, provides ample on-site car parking, will be run during office hours and will not have a detrimental effect on the amenity of the locality. Finally, the proposed office will provide a service to the local community while also ensuring that the amenity of the locality will not be detrimentally affected given that the use will not generate significant traffic movements and the hours of operation will be within normal business hours. RECOMMENDATION Following a detailed assessment of the proposal against the relevant provisions of the Rural City of Murray Bridge Development Plan dated13 March, 2014, referrals and consideration of written & verbal representations the Development Assessment Panel resolves that: A. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not

seriously at variance with the relevant provisions of the Murray Bridge Development Plan.

B. That pursuant to Section 33 of the Development Act, 1993, Development Application Number 415/72/15 be GRANTED Development Plan Consent subject to the following conditions

DEVELOPMENT PLAN CONSENT CONDITIONS: 1. That except where minor amendments may be required by other relevant Acts, or by

conditions imposed by this application, the development shall be established in strict accordance with the details and plans submitted in development application number 415/72/2015. Plans listed here: • Site plan drawn by Rob Walters Building Design dated 5/6/15, sheet 2 of 2, Rev

C (Received by Council 16/6/15) • Ground floor plan drawn by Rob Walters Building Design dated 5/6/15, sheet 1

of 2, Rev A (Received by Council 16/6/15) • Planning report written by Development Answers, dated 15 June 2015



2. The hours of operation of the premises shall not exceed the times:

• Monday to Friday 8:00am to 6:00pm

3. All car parking spaces, driveways and associated manoeuvring areas shall be sealed in bitumen, concrete or brick pavers prior to the occupation of the proposed development. Reason: To ensure the safe and orderly movement of vehicles

4. The car parking area must be line marked in accordance with the approved plans and in accordance with Australian Standards prior to the occupation of the proposed development. The line marking must be maintained to the satisfaction of Council. Reason: To ensure the safe and orderly movement of vehicles

5. All excess stormwater from roofs, tanks and sealed areas must be discharged into the street stormwater system, or appropriately managed on site by a suitably designed drainage system.

Reason: To ensure stormwater is disposed of in a controlled manner.

NOTES: 1. The development must be substantially commenced within 12 months of the date of

this Notification, unless this period has been extended in writing by the Council.

2. You are also 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 in writing by the Council.

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

4. Before proceeding with this proposal, you are required to seek Building Rules Consent pursuant to the provisions of the Development Act, 1993.

5. You have a right of appeal against the conditions which have been imposed on this Development Plan Consent or Development Approval.

6. 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.

7. 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).



DISCUSSION The representor Mrs Maxine Phillips was unable to attend the meeting but prepared a written statement for Panel Members which was distributed at the start of the meeting. The statement reiterated Mrs Phillips’ concerns in relation to the issue of carparking. The applicant’s representative, Ms Madeline Dobbin from Development Answers, was present at the meeting and responded to questions from Panel Members. The Panel discussed the application and reached the following decision. DECISION Cr Jerry Wilson moved Following a detailed assessment of the proposal against the relevant provisions of the Rural City of Murray Bridge Development Plan dated13 March, 2014, referrals and consideration of written & verbal representations the Development Assessment Panel resolves that: A. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not


B. That pursuant to Section 33 of the Development Act, 1993, Development Application Number 415/72/15 be GRANTED Development Plan Consent subject to the following conditions


conditions imposed by this application, the development shall be established in strict accordance with the details and plans submitted in development application number 415/72/2015. Plans listed here: • Site plan drawn by Rob Walters Building Design dated 5/6/15, sheet 2 of 2, Rev

C (Received by Council 16/6/15) • Ground floor plan drawn by Rob Walters Building Design dated 5/6/15, sheet 1

of 2, Rev A (Received by Council 16/6/15) • Planning report written by Development Answers, dated 15 June 2015

2. The hours of operation of the premises shall not exceed the times: • Monday to Friday 8:00am to 6:00pm

3. All car parking spaces, driveways and associated manoeuvring areas shall be sealed in bitumen, concrete or brick pavers prior to the occupation of the proposed development. Reason: To ensure the safe and orderly movement of vehicles



4. The car parking area must be line marked in accordance with the approved plans

and in accordance with Australian Standards prior to the occupation of the proposed development. The line marking must be maintained to the satisfaction of Council. Reason: To ensure the safe and orderly movement of vehicles

5. All excess stormwater from roofs, tanks and sealed areas must be discharged into the street stormwater system, or appropriately managed on site by a suitably designed drainage system.

Reason: To ensure stormwater is disposed of in a controlled manner.

6. In accordance with the planning report prepared by Development Answers dated

15 June 2015, the office shall not share any services (power, water, electricity or vehicle access) with the adjoining facility located at 2A Myall Avenue.


this Notification, unless this period has been extended in writing by the Council.

2. You are also 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 in writing by the Council.


4. Before proceeding with this proposal, you are required to seek Building Rules Consent pursuant to the provisions of the Development Act, 1993.




Seconded by Cr Andrew Baltensperger and CARRIED

Attachments

1. Attachment 1 - Application Documents and Plans Attachment 2. Attachment 2 - Additional Information Attachment 3. Attachment 3 - Locality Maps Attachment 4. Attachment 4 - Representation Attachment



6.2 Date of Panel Meeting : 3 July 2015

DA NUMBER 415/250/14 PROPOSAL Elevated building to be used as a shop, stairs, access ramp,

landscaping and a disabled car park APPLICANT Waterford Estate Pty Ltd

LOCATION Lot 82 (H.N. 75) Long Island Road, Murray Bridge (CT: 6129/811) ASSESSING OFFICER Andrew Meddle ZONE/POLICY AREA/PRECINCT River Murray Fringe Zone NATURE OF DEVELOPMENT Merit PUBLIC NOTIFICATION CATEGORY 3 REPRESENTATIONS 1 AGENCY CONSULTATIONS DEWNR INTERNAL REFERRALS Engineering DEVELOPMENT PLAN 13 March 2014 RECOMMENDATION Development Plan Consent subject to conditions

1. Background As the proposal has been somewhat controversial it is important to provide a background to the discussions and assessment process that has occurred. The applicant obtained pre-lodgement advice from Council’s Senior Planner and Planning Manager in February 2014 regarding the proposal. The applicant was advised of a number of issues which could arise during the assessment of the proposal including the potential for the application to be non-complying, referrals to external agencies, the issues around fill in the flood plain and the requirement for on-site car parking. The application was subsequently received at Council on the 25th May 2014 and the assessment fees paid on the 6th June 2014. At lodgement, the development incorporated a 23m2 deck in addition to the 80m2 shop floor area making it a non-complying application. The deck was removed from the proposal thereby allowing a merit based assessment. The application was also lodged without the provision of any associated on-site car parking. This was raised as a concern during the assessment of the proposal which Council planning officers discussed with the applicant on multiple occasions. The applicant sought advice from Council’s former Chief Executive Officer (CEO) and Mayor on the matter who advised the applicant that a dispensation for on-site car parking would be supported given the availability of on-street car parking and off-street car parking in the adjacent Crown reserve which is in the care and control of Council. Upon review of this advice, it was determined that the Council could not permit to allowing any car parking on the adjacent reserve due the land being held under Community land status. Nonetheless this car parking remains available for patrons, even though it will not be specifically dedicated. Final plans were provided to the Council showing one on site disabled car parking space located approximately 45 metres south-west of the shop (near the tourist accommodation building).



2. Proposal The proposal is for a building to be used as a coffee, grocery shop and snack bar comprising the following components: • a shop with a gross leasable floor area of 80m2. This building is to be elevated above the

natural ground level on 1.9 metre supports. The total height of the building varies from a maximum of 6.34m to a minimum of 4.72m

• external stairs, access path and disabled access ramp leading from the footpath to the shop;

• one (1) disabled car parking space & associated earthworks; and • associated landscaping and 5000 litre rainwater tank. The development is sited in the north western portion of the allotment with the building setback 8 metres from Long Island Road and 9 metres from Wildens Way. The building is elevated above the natural ground level resulting in a finished floor level 300 millimetres above the 1956 flood line (FFL - 4.24 AHD). Due to its elevated nature, access stairs and a disabled ramp are required to access the building. The external materials of the building comprise colorbond roof cladding and weatherboard cladding on the walls with some colorbond feature panelling below two bi-fold windows. The access ramp, stairs and balustrades are of timber construction and finish. The disabled car parking space is sited south west along Long Island Road, where it can be satisfactorily accommodated outside of the flood line. The floor plan of the building includes a unisex and disabled access toilet, a kitchen for food preparation, a service and sales counter and a seating area. The hours of operation sought are Monday to Friday 7:30 am – 4:30 pm and Saturday 8:30 am to 3:00 pm. As explained more fully later in the report the proposal is considered to be a shop and not a restaurant as the use of the building is not primarily for the consumption of meals. A full copy of the application details, plans and information is provided as ATTACHMENT 1. 3. Site and Locality The subject land is located at 75 Long Island Road approximately 1.8 kilometres south east (straight line distance) from the town centre of Murray Bridge. The allotment is 7109m2 in area with 133 metre frontage to Wildens Way and 75 metre frontage to Long Island Road. The subject land has access to SA water and sewer mains and direct access to two public roads. There are two rights of way (adjacent the southern boundary of the land) and two service easements associated with the land, none of which will be affected by the proposal. A copy of the Certificate of Title is included with ATTACHMENT 1. The site is low lying with the whole of the land below the 1956 flood line. The site falls from the south to the north with the lowest point in (approximately 600 millimetres below road level) being the north western corner of the allotment. The site is devoid of substantial vegetation with the only development on the land a detached tourist accommodation building for 5 occupants sited adjacent the southern boundary of the land. The holiday rental has an associated car parking area accessible from the right of way. The locality comprises a mix of residential, tourist accommodation and recreational land uses.



The subject land is located between the Residential Zone and the River Murray Flood Zone. The open nature of the allotments makes it appear to have more in common with the adjacent Long Island Reserve than a privately owned allotment. Land to the south comprises low to medium density residential development including a retirement village. Allotments to the west of the site are developed with dwellings and ancillary outbuildings and although within the Residential Zone is characterised by larger land holdings more akin to a Country or Rural Living character. Immediately north of the subject land is a public river front Crown Land reserve which is in the care and control of the Council. The reserve contains car sealed car and boat parking area, a playground, public toilets and boat ramp. The reserve is heavily utilised by the public during the warmer months. West of the reserve is a small group of river front leasehold shacks of single and two storey construction. 4. Summary of Representations and Applicants Response In accordance with Section 38 (2) of the Development Act 1993, the proposal is not designated as a form of Category 1 or 2 development within the Development Plan or the Development Regulations 2008, as such the development application is assigned Category 3 for the purpose of public notification. The application underwent public notification from 4th December 2014 to 18th December 2014 during which time one representation was received, refer to ATTACHMENT 2. The representation is summarised below.

Representor Interest Summary of Issues Request to be heard

Steven & Janet Ticehurst

Adjoining residents and landowners

• Café will be below 1956 Flood height of 3.94 metres.

• Area is flood plain and not fringe.

Yes

The Applicant’s response to the representation is summarised below. Representation Applicant’s response Café will be below 1956 flood height of 3.94 metres

We can assure you that we will be fitting within the rules & guidelines for development within a flood area. The buildings finished floor level will be 300 above the 56 flood level as required by the Department of Environment, Water and Natural Resources (DEWNR).

5. Referrals The proposal required referral to the Department of Environment, Water and Natural Resources (DEWNR) Pursuant to Schedule 8, 19 (g) of the Development Regulations 2008. DEWNR provided a response raising no objections to the development as proposed on the above mentioned plans and direct 4 conditions and 6 advisory notes to be included with approval if granted. DEWNR’s referral comments are included as ATTACHMENT 3.



6. Development Assessment The subject land is located within the River Murray Fringe Zone. Within this zone, envisaged land uses include farming and recreational facilities. A shop or group of shops is identified as a non-complying form of development within the zone, except where the gross leasable floor area is 80 square metres or less. The proposal achieves this exemption as such, the application must be considered on its merits against the relevant provisions of the development plan. It is noted a restaurant is also listed as a non-complying development within the zone. As the development comprises a dine-in component, the description of the development was carefully considered. The Development Regulations define a restaurant as:

Restaurant means land used primarily for the consumption of meals on the site.

The primary purpose of this building is for takeaway meals, snacks (i.e. chips, ice creams lollies, etc), coffee, drinks and the sale of some groceries. It is predicted that a small portion of the sales will be for the on-site consumption of meals (i.e. pies, pasties, etc). The definition of this development as a shop is supported by the decision in Pro-Star Service Station Pty Ltd V Petroleum Products Retail Outlets Board which explains “if sales of food to be consumed of the premises constitute more than half of the business, the outlet is a shop pursuant to para (a) of the definition of shop in the Regulations. If the greater part of sales is of food for consumption on the premises, the outlet amounts to a restaurant as defined”. In this instance, the applicant acknowledges some food and drinks may be consumed on the site, however it is not intended for this to be the primary focus of the business and that sales from take away food items, coffee and groceries will form the primary source of income from the shop. The assessment of the proposal balances on three main aspects; the use of the land, the impact on the amenity (bulk, scale and traffic impacts) and the impact on flood waters. The relevant provisions of the development plan have been grouped accordingly. 6.1 Land Use The River Murray Fringe Zone is highly restricted in the types of land uses that are acceptable. Essentially the zone only envisages development which provides a recreational use or continues a farming use. In this instance the proposal for a small scale shop in this location is not inherently to be resisted as the desired character statement for the River Murray Fringe Zone supports recreation/tourist development. Further PDC 3 of the Zone states that commercial and retail other than tourist facilities should not occur within the zone. This provision along with PDC 1, the desired character statement and the exemption for small scale shops shows that the zone clearly contemplates shops which serve a tourism purpose. In this instance the shop is located in a position which will serve visitors and tourists to Long Island Reserve. However, whilst the land use may be acceptable consideration needs to be given to the context of the site and how the proposal sits within the locality.



Zone Section - River Murray Fringe Zone OBJ 1: The natural character and visual attractiveness of the River Murray, valley face

and surrounds unmarred by development. OBJ 3: Retention of the rural character of the zone. OBJ 4: Development that contributes to the desired character of the zone. Desired Character The zone comprises adjacent wetlands adjoining Lake Alexandrina and several areas of cliff or valley face abutting the River Murray. It is desirable that this zone be retained in its natural condition as a backdrop to the river and lake setting and that development recognises its scenic importance when viewed from the river, lake, arterial or scenic roads. The flat, irrigated areas of the adjoining River Murray Flood Zone contrast strongly with the cliffs and sharp slopes of the valley face. In some localities more gentle slopes allow for greater diversity of land uses such as the orchards at Mypolonga. Other land uses in the valley and on adjacent rural areas include grazing and turf farming. Housing associated with the dairy industry particularly in proximity to Jervois has created a lineal belt of rural housing. The particular working requirements of the dairy farmers has led to this practice. Whilst it is desirable to provide compact residential development for this form of intensive agriculture, this is not practical at Jervois where existing residential development along the Jervois to Wellington Road will be recognised in addition to the township of Jervois. There is some need for improved public access to adjoining river-front recreation areas. Urban development within the zone needs to be undertaken in such a manner that the valuable visual and ecological assets of the River Murray are protected and enhanced. The form, location and management of such development therefore relies heavily on the specific suitability of particular sites, the likely impact development will have on surrounding areas and the techniques employed for the long-term management of such sites. Accordingly, whilst it is not envisaged that all urban development within the zone should be prevented in the longer term, investigations and management controls need to be established before any such development is able to proceed. The appropriate mechanism to achieve such initial investigations is through site specific amendments of any area under consideration for development. It is envisaged that the river-front area to the south of Sturt Reserve will be further developed to provide recreational, residential and tourist facilities. Road and pedestrian links will be created to interlink the area of Sturt Reserve to the recreational area adjacent to Long Island. Open space development for land within Section 911, Hundred of Mobilong is envisaged. As the area is devoid of vegetation due to the influx of saline water, development will incorporate salt tolerant vegetation species. Car parking facilities on this land will be formalised. PDC 1: The following forms of development are envisaged in the zone:

• farming • recreation facility



PDC 3: Commercial and retail (other than tourist and/or community orientated

facilities) development should not occur in this zone. PDC 5: Comprehensive tourist, residential and recreation orientated development

should be undertaken south of Sturt Reserve. PDC 6: River front open space areas, such as Long Island and Sturt Reserve should be

developed predominantly for public and tourist orientated usage. PDC 11: A shop or group of shops located outside of zones that allow for retail

development should: a) be of a size and type that will not hinder the development, function or

viability of any centre zone b) not demonstrably lead to the physical deterioration of any designated

centre c) be developed taking into consideration its effect on adjacent

development. 6.2 Impact on the amenity of the locality The subject site is located on a parcel of land which is largely undeveloped. Currently a tourist accommodation building is located on the land in the south-western boundary adjacent the Residential Zone. As such, the land is essentially an interface between the Residential Zone to the south and the River Murray Flood Zone and Long Island Reserve to the north. Given the open nature of the site it has more in common with Long Island Reserve than the more developed Residential Zone. For this reason careful consideration must be given to the size, scale and potential impact of any potential development. In this regard the proposed development fails on numerous fronts to provide a development that not only meets the provisions of the Development Plan but one which is worthy of such a landmark site within the Council area. The design of the proposed coffee shop, a transportable building sitting on supports 1.9m high, provides a building which is located in visually prominent area. This height will provide a noticeable new structure and establish the building as a landmark within the area. The reason for the building to be located on supports 1.9 metres above the natural ground level is understandable; it is to place the finished floor level 300mm above the 1956 flood level and to reduce the impact on flood waters. Whilst an argument could be mounted that the approval and construction of the nearby transportable building located to the south-west sets the character of the area, the context and location of the coffee shop is considered different. The tourist accommodation building is located near the Residential Zone boundary and adjacent a dwelling. The site of that building shares more in common with the Residential Zone than the River Murray Fringe or the River Murray Flood Zone. The proposed shop is located approximately 45 metres north east of the nearest building (the tourist accommodation building), placing this building closer to the River than any other building (bar the toilets on the reserve) within the immediate locality. Given that this is such a visually prominent and scenically beautiful site the architectural merits of the building should match those qualities. The proposal will provide a contemporary response to the location, which matches the new tourist accommodation and foreshadows the need to upgrade Council facilities in this area. The building is a transportable building comprised of weatherboard cladding and corrugated Colorbond cladding.



The first view of the building that a visitor to Long Island Reserve is greeted with is a weatherboard wall with corrugated Colorbond cladding on top (reaching to the roof line). The other elevations are more inspiring with windows providing a modicum of articulation. The northern elevation, which fronts the River, is the most appealing with numerous bi-fold windows providing river views. Given the lack of support for development within the River Murray Fringe Zone there are understandably few provisions regarding the form of buildings. However, the desired character statement for the zone states:

“Urban development within the zone needs to be undertaken in such a manner that the valuable visual and ecological assets of the River Murray are protected and enhanced. The form, location and management of such development therefore relies heavily on the specific suitability of particular sites, the likely impact development will have on surrounding areas and the techniques employed for the long-term management of such sites. Accordingly, whilst it is not envisaged that all urban development within the zone should be prevented in the longer term, investigations and management controls need to be established before any such development is able to proceed. The appropriate mechanism to achieve such initial investigations is through site specific amendments of any area under consideration for development.”

One aspect of the proposal that has been in question from the start is the number of car parks to be provided on site. Table MuBr/2 states that shops should provide 5.5 car parks per 100m2 of gross leasable floor area. This would result in approximately 4.4 car parks for the 80m2 of gross leasable floor area for the proposal. The applicant has requested that this car parking be provided on street with one disabled car park to be provided approximately 45 metres south west of the site (adjacent the tourist accommodation building). Additional, on-street parking is being provided by the Council as part of its collaborative approach to this development proposal. Whilst an adjacent disabled car parking space would have been the developer’s and the Council’s preference, this has not been possible because of the location the development in the floodplain. Officer’s discussions with DEWNR indicates that they are at present unwilling to accept the level of fill necessary to create this car parking in a flood risk area. The acceptable compromise solution is to provide the disabled parking space immediately adjacent to the flood risk area. General Section – Interface Between Land Uses OBJ 1: Development located and designed to prevent adverse impact and conflict

between land uses. OBJ 2: Protect community health and amenity and support the operation of all

desired land uses. PDC 1: Development should not detrimentally affect the amenity of the locality or

cause unreasonable interference through any of the following:

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

b) noise



c) vibration d) electrical interference e) light spill f) glare g) hours of operation h) traffic impacts

PDC 3: Development should be sited and designed to minimise negative impact on

existing and potential future land uses considered appropriate in the locality General Section – Infrastructure PDC 1: Development should not occur without the provision of adequate utilities and

services, including: (a) electricity supply (b) water supply (c) drainage and stormwater systems (d) waste disposal (e) effluent disposal systems (f) formed all-weather public roads (g) telecommunications services (h) social infrastructure, community services and facilities (i) gas services.

PDC 5: Development in urban areas should not occur without provision of an

adequate reticulated domestic quality mains water supply and an appropriate waste treatment system.

General Section – Transportation and Access OBJ 2: Development that:

a) provides safe and efficient movement for all motorised and non-motorised transport modes

b) ensures access for vehicles including emergency services, public infrastructure maintenance and commercial vehicles

c) provides off street parking d) is appropriately located so that it supports and makes best use of existing

transport facilities and networks. PDC 22: Development should have direct access from an all weather public road. PDC 23: Development should be provided with safe and convenient access which:

a) avoids unreasonable interference with the flow of traffic on adjoining roads

b) accommodates the type and volume of traffic likely to be generated by the development or land use and minimises induced traffic through over-provision

c) is sited and designed to minimise any adverse impacts on the occupants of and visitors to neighbouring properties.

PDC 28: Driveways, access tracks and parking areas should be designed and constructed to: (a) follow the natural contours of the land (b) minimise excavation and/or fill (c) minimise the potential for erosion from runoff (d) avoid the removal of existing vegetation



(e) be consistent with Australian Standard AS 2890 Parking facilities.

PDC 29: Development should be sited and designed to provide convenient access for

people with a disability. PDC 30: Development should provide off-street vehicle parking and specifically marked

disabled car parking places to meet anticipated demand in accordance with MuBr/2 - Off Street Vehicle Parking Requirements.

PDC 31: Development should be consistent with Australian Standard AS 2890 Parking

facilities. PDC 32: Vehicle parking areas should be sited and designed in a manner that will:

a) facilitate safe and convenient pedestrian linkages to the development and areas of significant activity or interest in the vicinity of the development

b) include safe pedestrian and bicycle linkages that complement the overall pedestrian and cycling network

c) not inhibit safe and convenient traffic circulation d) result in minimal conflict between customer and service vehicles e) avoid the necessity to use public roads when moving from one part of a

parking area to another f) minimise the number of vehicle access points to public roads g) avoid the necessity for backing onto public roads h) where reasonably possible, provide the opportunity for shared use of car

parking and integration of car parking areas with adjoining development to reduce the total extent of vehicle parking areas and the requirement for access points(i) not dominate the character and appearance of a centre when viewed from public roads and spaces

a) provide landscaping that will shade and enhance the appearance of the vehicle parking areas.

6.3 Development on Flood Prone Land General Section - Hazards OBJ 1: Maintenance of the natural environment and systems by limiting development

in areas susceptible to natural hazard risk. OBJ 2: Development located away from areas that are vulnerable to, and cannot be

adequately and effectively protected from the risk of natural hazards. OBJ 4: Development located and designed to minimise the risks to safety and property

from flooding. PDC 1: Development should be excluded from areas that are vulnerable to, and

cannot be adequately and effectively protected from, the risk of hazards. PDC 2: There should not be any significant interference with natural processes in order

to reduce the exposure of development to the risk of natural hazards. PDC 4: Development should not occur on land where the risk of flooding is likely to be

harmful to safety or damage property.



PDC 5: Development should not be undertaken in areas liable to inundation by tidal,

drainage or flood waters unless the development can achieve all of the following:

a) it is developed with a public stormwater system capable of catering for a 1-in-100 year average return interval flood event

b) (b) buildings are designed and constructed to prevent the entry of floodwaters in a 1-in-100 year average return interval flood event.

PDC 6: Development should have a minimum floor level of 300 millimetres above the

calculated 1-in-100 year average return interval flood. PDC 7: Development, including earthworks associated with development, should not

do any of the following: a) impede the flow of floodwaters through the land or other surrounding land b) increase the potential hazard risk to public safety of persons during a flood

event c) aggravate the potential for erosion or siltation or lead to the destruction of

vegetation during a flood d) cause any adverse effect on the floodway function e) increase the risk of flooding of other land f) obstruct a watercourse.

General Section – Infrastructure PDC 4: Development should not take place until adequate and coordinated drainage

of the land is assured. General Section – Natural Resources OBJ1: Retention, protection and restoration of the natural resources and environment. OBJ 4: Natural hydrological systems and environmental flows reinstated, and

maintained and enhanced. OBJ 6: Development sited and designed to:

a) protect natural ecological systems b) achieve the sustainable use of water c) protect water quality, including receiving waters d) reduce runoff and peak flows and prevent the risk of downstream

flooding e) minimise demand on reticulated water supplies f) maximise the harvest and use of stormwater g) protect stormwater from pollution sources.

OBJ 10: Minimal disturbance and modification of the natural land form. PDC 1: Development should be undertaken with minimum impact on the natural

environment, including air and water quality, land, soil, biodiversity, and scenically attractive areas.

PDC 9: Development should include stormwater management systems to protect it

from damage during a minimum of a 1-in-100 year average return interval flood.



7. Assessment Summary Having had regard to the relevant provisions of the Development Plan, it is considered that this will provide a much needed small scale facility suitable for its location. The twin concerns relating to development in the 1956 floodplain and the provision of car parking have been addressed by the finished floor levels and the collaborative approach with the Council. These are reinforced with the recommended conditions. Whilst not a perfect solution, officers consider that this proposal is good enough to proceed, as the key matters have been addressed satisfactorily. RECOMMENDATION Following a detailed assessment of the proposal against the relevant provisions of the Rural City of Murray Bridge Development Plan dated13 March, 2014, referrals and consideration of written & verbal representations the Development Assessment Panel resolves that: A. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not


B. That pursuant to Section 33 of the Development Act, 1993, Development Application Number 415/250/2014 be GRANTED Development Plan Consent subject to the following conditions.


conditions imposed by this application, the development shall be established in strict accordance with the details and plans submitted in development application number 415/250/2014. Plans listed here: • Site plan drawn by Kookaburra Homes, drawing number M14-046, sheet 4 of 5,

amended 24/2/2015 • Elevations A & B drawn by Kookaburra Homes, drawing number M14-046, sheet

2 of 5, amended 9/2/2015 • Elevations C & D drawn by Kookaburra Homes, drawing number M14-046,

sheet 3 of 5, amended 9/2/2015 • Disabled car park design drawn by Kookaburra Homes, drawing number M14-

046, sheet 5 of 5 • Floor plan drawn by Kookaburra Homes, drawing number M14-046, sheet 1 of

5, amended 9/2/2015

2. That any advertisement or advertising displays proposed on the building shall be the subject of a separate application to be lodged with Council. Reason: To preserve and enhance the amenity of the locality

3. The area between the finished floor level of the building and the natural ground level must be enclosed with a material that matches/compliments the external wall of the building (within 6 months of practical completion). Reason: To preserve the amenity of the locality



4. The hours of operation of the premises shall not exceed the times:

• Monday to Friday 7:30 am – 4:30 pm; and • Saturday 8:30 am to 3:00 pm

DEPARTMENT OF ENVIRONMENT, WATER AND NATURAL RESOURCES CONDITIONS: 5. During any construction activities the property must be managed in a manner as to

prevent erosion and pollution

6. During any construction activities the property must be managed in a manner as to prevent erosion and pollution of the subject site and the environment, including keeping the area in a tidy state and ensuring any waste materials are appropriately contained to ensure no pollutants (including excavation or fill material) enter the River Murray system.

7. Any fill material brought to the site must be clean and not contaminated by construction or demolition debris, industrial or chemical matter, or pest plant or pathogenic material.

8. Any excavation or fill material surplus to the requirements of the development must be disposed of such that it will not:

a. be located within the 1956 floodplain: b. adversely impact native vegetation; c. impede the natural flow of any surface waters; d. allow sediment to re-enter any water body; e. facilitate the spread of pest plant and pathogenic material.

9. Stormwater run-off from the shop must be managed to prevent erosion or pollution of

the site and the environment, and diverted away from wastewater disposal areas, such as septic tanks and aerobic systems. Connection to a water storage tank would assist in complying with this condition.


this Notification, unless this period has been extended in writing by Council. 2. You are also 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 in writing by the Council.


4. Stamped documentation pertaining to this Development Plan Consent has been enclosed. Please ensure that this documentation including the above conditions, if any, are sighted by whoever is preparing the working drawings for the Development Approval. This will ensure that there is consistency between the documentation submitted for both Planning and Building Consents, and will avoid delays in obtaining Development Approval.



5. Building work must not be commenced until Building Rules Consent and Development

Approval is granted.




9. Any works affecting Council's infrastructure, including changes to the footpath, kerbing and guttering, the planting of trees and landscaping must not occur unless prior approval has been granted by Council in the form of a permit. To obtain such a permit please contact Councils Works Department.

10. The applicant is advised that the southern wall of the building presents a large blank façade to the street and as such Council suggests that the applicant investigates treatments to this wall to prevent graffiti attack. Treatments could include vegetation planting or public art. For more information please contact Council.

DEPARTMENT OF ENVIRONMENT, WATER AND NATURAL RESOURCES NOTES:

11. The applicant is advised of their general duty of care under the River Murray Act 2003

to take all reasonable measures to prevent any harm to the River Murray through his or her actions or activities.

12. The River Murray and many of its tributaries and overflow areas have abundant

evidence of Aboriginal occupation and Aboriginal sites, objects or artefacts may be present on the subject land (eg. scarred trees, campsites, burial sites, middens, etc). Under section 20 of the Aboriginal Heritage Act 1988 (the Act), an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister responsible for the administration of the Act, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act. Penalties may apply for failure to comply with the Act.

13. If the applicant wishes to use water (other than for firefighting purposes) from the River

Murray Prescribed Watercourse or wells, then they may be required to apply to the Department of Environment, Water and Natural Resources for a water licence, pursuant to the Natural Resources Management Act 2004. Further, a permit is required from the Department for any work to be carried out on a well or for new wells to be drilled. For further information contact the Department on 8595 2053 or visit: http://www.environment.sa.gov.au/licences-and-permits/water-licence-and-permit-forms.

http://www.environment.sa.gov.au/licences-and-permits/water-licence-and-permit-forms




14. If there is an intention to clear native vegetation on the land at any time, the applicant should consult the Native Vegetation Council to determine relevant requirements under the Native Vegetation Act 1991 and its Regulations, which may include the provision of a Significant Environmental Benefit. Note that ‘clearance’ means any activity that could cause any substantial damage to native plants, including cutting down and removing plants, burning, poisoning, slashing of understorey, removal or trimming of branches, severing roots, drainage and reclamation of wetlands, and in some circumstances grazing by animals. For further information contact the Native Vegetation Council on telephone 8303 9741 or visit: http://www.nvc.sa.gov.au.

15. The applicant is encouraged to incorporate locally indigenous plant species into any landscaping, screen planting or revegetation activities at the site to enhance the natural character of the locality, stabilise soils and provide habitat for native species. For information on appropriate species to be planted, please contact State Flora at Bremer Road, Murray Bridge on telephone 8539 2105, or within Belair National Park on telephone 8278 7777 or visit: http://www.stateflora.sa.gov.au.

16. This approval does not obviate any considerations that may apply to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). For further information visit: http://www.environment.gov.au/epbc.

DISCUSSION Representor Mrs Janet Ticehurst, who was representing both herself and her husband Mr Steven Ticehurst, was present at the meeting and invited to address the Panel in relation to concerns on the proposed development. Mrs Ticehurst provided Panel Members with copies of photos taken in this area during the 1956 flood. The applicant’s representative Ms Sherren Jeffery was present at the meeting and answered questions from Panel Members. The Panel discussed the application and reached the following decision. DECISION Mark Voortman moved Following a detailed assessment of the proposal against the relevant provisions of the Rural City of Murray Bridge Development Plan dated13 March, 2014, referrals and consideration of written & verbal representations the Development Assessment Panel resolves that: A. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not


B. That pursuant to Section 33 of the Development Act, 1993, Development Application Number 415/250/2014 be GRANTED Development Plan Consent subject to the following conditions.


conditions imposed by this application, the development shall be established in strict accordance with the details and plans submitted in development application number 415/250/2014.



Plans listed here: • Site plan drawn by Kookaburra Homes, drawing number M14-046, sheet 4 of 5,

amended 24/2/2015 • Elevations A & B drawn by Kookaburra Homes, drawing number M14-046, sheet

2 of 5, amended 9/2/2015 • Elevations C & D drawn by Kookaburra Homes, drawing number M14-046,

sheet 3 of 5, amended 9/2/2015 • Disabled car park design drawn by Kookaburra Homes, drawing number M14-

046, sheet 5 of 5 • Floor plan drawn by Kookaburra Homes, drawing number M14-046, sheet 1 of

5, amended 9/2/2015

2. That any advertisement or advertising displays proposed on the building shall be the subject of a separate application to be lodged with Council. Reason: To preserve and enhance the amenity of the locality

3. The area between the finished floor level of the building and the natural ground level

must be enclosed with a material that matches/compliments the external wall of the building (within 6 months of practical completion), which is to be removed when a flood warning for this area is issued. Reason: To preserve the amenity of the locality

4. The hours of operation of the premises shall not exceed the times: • Monday to Sunday (including public holidays) from 7:30 am – 8:00 pm

MINISTER FOR THE RIVER MURRAY ACT CONDITIONS: 5. During any construction activities the property must be managed in a manner as to

prevent erosion and pollution

6. During any construction activities the property must be managed in a manner as to prevent erosion and pollution of the subject site and the environment, including keeping the area in a tidy state and ensuring any waste materials are appropriately contained to ensure no pollutants (including excavation or fill material) enter the River Murray system.

7. Any fill material brought to the site must be clean and not contaminated by construction or demolition debris, industrial or chemical matter, or pest plant or pathogenic material.

8. Any excavation or fill material surplus to the requirements of the development must be disposed of such that it will not:

a. be located within the 1956 floodplain: b. adversely impact native vegetation; c. impede the natural flow of any surface waters; d. allow sediment to re-enter any water body; e. facilitate the spread of pest plant and pathogenic material.



9. Stormwater run-off from the shop must be managed to prevent erosion or pollution of the site and the environment, and diverted away from wastewater disposal areas, such as septic tanks and aerobic systems. Connection to a water storage tank would assist in complying with this condition.


this Notification, unless this period has been extended in writing by Council. 2. You are also 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 in writing by the Council.


4. Stamped documentation pertaining to this Development Plan Consent has been enclosed. Please ensure that this documentation including the above conditions, if any, are sighted by whoever is preparing the working drawings for the Development Approval. This will ensure that there is consistency between the documentation submitted for both Planning and Building Consents, and will avoid delays in obtaining Development Approval.

5. Building work must not be commenced until Building Rules Consent and Development Approval is granted.




9. Any works affecting Council's infrastructure, including changes to the footpath, kerbing and guttering, the planting of trees and landscaping must not occur unless prior approval has been granted by Council in the form of a permit. To obtain such a permit please contact Councils Works Department.

10. The applicant is advised that the southern wall of the building presents a large blank façade to the street and as such Council suggests that the applicant investigates treatments to this wall to prevent graffiti attack. Treatments could include vegetation planting or public art. For more information please contact Council.



MINISTER FOR THE RIVER MURRAY ACT NOTES:

11. The applicant is advised of their general duty of care under the River Murray Act 2003

to take all reasonable measures to prevent any harm to the River Murray through his or her actions or activities.

12. The River Murray and many of its tributaries and overflow areas have abundant

evidence of Aboriginal occupation and Aboriginal sites, objects or artefacts may be present on the subject land (eg. scarred trees, campsites, burial sites, middens, etc). Under section 20 of the Aboriginal Heritage Act 1988 (the Act), an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister responsible for the administration of the Act, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act. Penalties may apply for failure to comply with the Act.

13. If the applicant wishes to use water (other than for firefighting purposes) from the River

Murray Prescribed Watercourse or wells, then they may be required to apply to the Department of Environment, Water and Natural Resources for a water licence, pursuant to the Natural Resources Management Act 2004. Further, a permit is required from the Department for any work to be carried out on a well or for new wells to be drilled. For further information contact the Department on 8595 2053 or visit: http://www.environment.sa.gov.au/licences-and-permits/water-licence-and-permit-forms.

14. If there is an intention to clear native vegetation on the land at any time, the applicant should consult the Native Vegetation Council to determine relevant requirements under the Native Vegetation Act 1991 and its Regulations, which may include the provision of a Significant Environmental Benefit. Note that ‘clearance’ means any activity that could cause any substantial damage to native plants, including cutting down and removing plants, burning, poisoning, slashing of understorey, removal or trimming of branches, severing roots, drainage and reclamation of wetlands, and in some circumstances grazing by animals. For further information contact the Native Vegetation Council on telephone 8303 9741 or visit: http://www.nvc.sa.gov.au.

15. The applicant is encouraged to incorporate locally indigenous plant species into any landscaping, screen planting or revegetation activities at the site to enhance the natural character of the locality, stabilise soils and provide habitat for native species. For information on appropriate species to be planted, please contact State Flora at Bremer Road, Murray Bridge on telephone 8539 2105, or within Belair National Park on telephone 8278 7777 or visit: http://www.stateflora.sa.gov.au.

16. This approval does not obviate any considerations that may apply to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). For further information visit: http://www.environment.gov.au/epbc.

Seconded by Cr Andrew Baltensperger and CARRIED





Attachments

1. Attachment 1 - Application Documents and Plans Attachment 2. Attachment 2 - Representation and Applicants Response Attachment 3. Attachment 3 - DEWNR Response Attachment



7. EXECUTIVE OFFICERS REPORT

Nil 8. CORRESPONDENCE

Nil 9. FUTURE APPLICATIONS

9.1 DA 415/120/2015 – BADGE CONSTRUCTION PTY LTD An application has been lodged with Council by Badge Constructions Pty Ltd

for the proposed extension of the existing poultry hatchery located at 147 Ferries McDonald Road, Monarto South.

This application will be presented to the Panel for a decision at a future

meeting. 10. GENERAL BUSINESS

Nil

11. NEXT MEETING

The next meeting of the Development Assessment Panel is to be held on FRIDAY 21 AUGUST, 2015, in the Mobilong Suite, Local Government Centre, 2 Seventh Street, Murray Bridge.

Meeting closed at 10.30 am. Minutes taken as read and confirmed this day of 2015.

…………………………………….. PRESIDING MEMBER