Development Assessment Commission AGENDA ITEM 2.2.3 6 July 2017

Roger Hartley Land Division (1 into 2 allotments) Lot 105 Muston Road, Pelican Lagoon Kangaroo Island

520/D012/16

TABLE OF CONTENTS

PAGE NO AGENDA REPORT 2-10 APPENDIX ONE – DEVELOPMENT PLAN PROVISIONS 11-19 ATTACHMENTS 1: AERIAL PHOTO 20 2: ZONE MAPS 21-22 3: PLAN OF DIVISION 23 4: DA FORM + CERTIFICATE OF TITLE 24-30 5: SUPPORTING INFORMATION 31-56 6: AGENCY ADVICE 57-68 7: COUNCIL REPORT & DAP MINUTES 69-94 8: PREVIOUS COUNCIL REPORT – DA 520/064/10 95-109

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OVERVIEW

Application No 520/D012/16 Applicant Roger Hartley Proposal Land Division (1 into 2 allotments) Subject Land Lot 105 Muston Road, Pelican Lagoon, Kangaroo Island Zone/Policy Area Coastal Conservation Zone Relevant Authority Kangaroo Island Council Lodgement Date 12 October 2016 Council Kangaroo Island Council Development Plan 17 September 2015 Type of Development Non-Complying Public Notification Category 3 Representations Nil Referral Agencies DEWNR (CPB), SAPN, SAW, NVC Report Author Simon Neldner RECOMMENDATION NOT CONCUR

EXECUTIVE SUMMARY

The proposal seeks the division of an existing allotment to create two new allotments within the Coastal Conservation Zone at Pelican Lagoon, Kangaroo Island.

This zone includes undeveloped and natural parts of the coast that include sensitive coastal features and land subject to coastal processes. The role of this zone is to safeguard areas of environmental significance on the coast and to protect development from coastal hazards, such as flooding, erosion and acid sulfate soils. Planning policies seek to actively restrict the further division of land in the zone, with land division (subject to limited exceptions) a non-complying form of development.

The rationale for the division is to provide separate tenure for an existing residence and tourism accommodation venture (in the form of a single-storey building), the latter approved in 2012 on the basis of its relationship with the existing residence. Neither of the existing land uses requires a land division to continue to operate – this is a lifestyle and commercial decision of the current landowners to sell their tourism business.

Both developments were approved and established before approval of the Kangaroo Island Sustainable Futures DPA (Ministerial) on 19 February 2014. Whilst changes to planning policy sought to enhance opportunities for tourist accommodation and associated facilities in the Coastal Conservation Zone, the restriction on the further subdivision of coastal land was maintained.

The proposal is finely balanced – noting the land uses already exist – however approval of the development would enhance expectations and further fragment coastal land, whilst being inconsistent with the policy framework, and if applied to current developments in the zone (or similar developments in the future) would further erode these provisions and fragment the pattern of land ownership. On this basis, the request for concurrence should be withheld.

ASSESSMENT REPORT

1. DESCRIPTION OF PROPOSAL

Application details are contained in the ATTACHMENTS.

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The proposal is for the division of an existing allotment into two new allotments of 13.37ha and 24.06ha (respectively) within the Coastal Conservation Zone. Proposed Allotment 20 contains an existing dwelling and outbuilding occupied by the current landowner. Proposed Allotment 21 contains an existing tourism accommodation building.

The applicant has provided a detailed Statement of Effect (prepared by URPS) and the Council DAP considered a comprehensive staff planning report – these documents – and the proposal plan provide the full background to the proposal.

2. SITE AND LOCALITY

2.1 Site Description

The subject land comprises a single allotment with an area of 37.4ha, and is approximately 5.4km south-west of American River and 1km from Pennington Bay to the south. The land has the following attributes:

 A frontage of 790m to Hog Bay Road (sealed).  A frontage 850m to Muston Road (unsealed).

The development site consists of 1 allotment, described as follows:

Lot No Street Suburb Hundred Title Reference A105, Muston Road Pelican Dudley CT 5282/685 DP12638 Lagoon

The site currently contains:

 A dwelling and outbuilding established in 1985 and a building utilised for short-term tourism accommodation established in 2012. Road access is available to both developments from Muston Road.

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The tourism accommodation development is known as “Kestral Downs” (http://www.kestreldowns.com. The short-term holiday home has been operating for approximately 5 years, with an average occupancy rate of 80%.

2.2 Locality

The locality is defined by Pelican Lagoon to the east, with the higher elevation of the land affording views across the lagoon. The adjoining allotment to the west is within the Primary Production Zone. The subject land is vegetated, with cleared areas and existing buildings and access tracks.

The Encounter Marine Park extends into the waters of Pelican Lagoon.

2.3 Land Ownership

The subject land (A105) is currently owned by the applicant.

3. BACKGROUND

The tourism accommodation development was approved by the Kangaroo Island Council DAP in 2010 (DA 520/064/10). At the time, the subject land was within the Coastal Zone (Kangaroo Island Development Plan, Consolidated 28 May 2009), and processed on-merit as a Category 2 development.

The Coast Protection Board recommended refusal of this application. Initial objections from DTEI (Transport SA) and CFS were resolved. Notwithstanding DEWNRs advice, the Council DAP (and officer’s report) found that the development was sufficiently in accordance with the objectives and principles of the zone and overall Development Plan to be granted consent subject to conditions.

However, it is noted that at the time of the assessment, the development was defined as a holiday house, being for the purposes of tourist accommodation, ancillary to the existing dwelling on the site, which is utilised by the owners on a private basis. Some weight in the assessment – and ultimate approval - was placed on the development being subordinate to the existing dwelling on the land.

This was outlined in the officers DAP report: the proposed development seeks to establish a new tourist accommodation building which will be used in conjunction with an existing detached dwelling used as the landowners private residence ….. (and) …… the development does not purport division of land or development requiring construction of infrastructure to enable the land use to occur, and in this respect the development presents as being economically sound.

At the time, the officer’s recommendation sought to include a condition to restrict access to Muston Road, and instead rely on the existing driveway that serviced the dwelling on the land (in order to minimise native vegetation loss). This was recommended Condition 10, but does not appear to have been adopted by the Panel and/or enacted by the applicant.

4. COUNCIL COMMENTS or TECHNICAL ADVICE

4.1 Kangaroo Island Council

The Kangaroo Island Development Assessment Panel considered the application at its meeting held on 13 February 2017 and resolved to grant Development Plan consent subject to one condition, the favourable consideration of a Land Management Agreement and the concurrence of the Development Assessment Commission. 4 Development Assessment Commission AGENDA ITEM 2.2.3 6 July 2017

5. STATUTORY REFERRAL BODY COMMENTS

Coast Protection Board: Refusal recommended. Extent of departure from CPB policies in respect to orderly development, creation of new allotments in coastal areas, and the protection of sensitive coastal landscapes and vegetation – with the potential to perpetuate the issue of incremental intensification of development within this sensitive coastal landscape.

SA Water Corporation: No requirements.

Native Vegetation Council: No objection.

SA Power Networks: No objection. Easements on the site.

6. PUBLIC NOTIFICATION

The proposal was notified as a Category 3 development. No representations were received by the Council during the notification period.

7. POLICY OVERVIEW

The subject site is within the Coastal Conservation Zone as described within the Kangaroo Island Development Plan (Consolidated 17 September 2015). Relevant planning policies are contained in Appendix One and summarised below.

7.1 Zone

The Coastal Conservation Zone defines the coastal areas of high landscape or conservation value and incorporates policy to ensure the preservation of the coastal landscape resource. The following forms of development are anticipated in the zone: coastal protection works, conservation works, interpretive signage and facilities, tourism/visitor facilities, and tourist accommodation.

The provision of facilities, including tourist accommodation and recreational facilities, may be established in the zone provided they are sited and designed in a manner that is subservient to the natural and coastal environment and adverse impact on natural features, landscapes, habitats and cultural assets is minimised.

It is envisaged that development is not undertaken on coastal dune systems, tidal wetlands, mangroves, sand dunes or other environmentally sensitive areas. Proposals should also minimise vehicle access points to the area that is the subject of the development

Land should not be divided except where: no additional allotments are created wholly or partly within the zone; and there is no increase in the number of allotments with direct access to the coast or a reserve including by creation of land under rights of way or community titles.

Land Division is a non-complying form of development, except where no additional allotments are created wholly or within the zone; it results in allotments of greater than 2 hectares; and there is no increase in the number of allotments with frontage or direct access to the coast.

Development listed as non-complying is generally inappropriate and not acceptable unless it can be demonstrated that it does not undermine the objectives and principles of the Development Plan 5 Development Assessment Commission AGENDA ITEM 2.2.3 6 July 2017

Figure 3 – Zoning Map

7.2 Council Wide

There are a range of Council Wide provisions in the Development Plan with respect to this division of land. For this application, these would include coastal areas, land division, orderly and sustainable development, tourism development, and transportation and access.

7.3 Overlays

The subject land is located within a High Bushfire Risk area (refer to BPA Map KI/10: Bushfire Risk).

Applicant’s Rationale

In support of the application the applicant has submitted the following:

. The land uses are already established (and will not change). . There will be no impact on primary production or coastal land. . No native vegetation requires removal (being the subject of an LMA which will be registered against the newly created titles). . No new infrastructure or services are required. Each allotment has independent access, water storage and waste control systems. . Each development has access to water storage of hazard protection (and appropriate turnaround areas for emergency service access).

8. PLANNING ASSESSMENT

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The application has been assessed against the relevant provisions of the Kangaroo Island Council Development Plan, which are contained in Appendix One.

Application Summary

Development Proposed Guideline Comment Plan Guideline Achieved New No new One additional YES New allotments Allotments allotments in the allotments NO are non-complying zone PARTIAL in the zone.

Land Use Tourism Existing – but as YES Approved under Accommodation a separate land NO previous policies use would be a PARTIAL as a merit merit form of development. development if proposed today.

Dwelling Existing – but as YES Approved under a separate land NO previous policies use would be a PARTIAL as a merit non-complying development. form of development if proposed today.

Setback Provision of a The minimum YES No comment. 100m setback to setback to the NO tourism northern PARTIAL accommodation boundary is facilities from 108m. other land.

Services and Efficient Each YES Each development Infrastructure provision of development has NO is independently services its own power, PARTIAL serviced. water and waste control system

Road access Access to a Each allotment YES Separate driveway public road has access to NO access is provided. Muston Road. PARTIAL

Native Land boundaries The proposed YES An LMA has been Vegetation should be located common land NO proposed to to minimise boundary would PARTIAL restrict the clearance traverse intact installation of a impacts vegetation. new fence line and minimise impacts.

Both the applicant’s consultant reports and the Council DAP report provide a detailed overview and assessment of the proposal. This concurrence report only seeks to provide a higher level overview, and not re-run the Council’s assessment.

Non-complying development

Planning policies seek to actively restrict the creation of new allotments in the Coastal Conservation Zone. PDC13 is explicit - Land should not be divided except where: (a) no additional allotments are created wholly or partly within the zone (Does not meet); and there is no increase in the number of allotments with direct access to the 7 Development Assessment Commission AGENDA ITEM 2.2.3 6 July 2017 coast (Not applicable) or a reserve including by creation of land under rights of way or community titles (Does not apply – as the land is separated from the coastal reserve by Muston Road). A non-complying categorisation is activated when an additional allotment is proposed – either wholly or partly in the zone - or when a boundary realignment seeks to create an allotment of less than 2 hectares or increases the number of allotments with frontage or direct frontage to the coast.

Rationale for Proposal

The applicant has stated (through their planning consultant) that due to health reasons and the on-going need to maintain the tourism accommodation business, the holiday home needs to be sold. The creation of a separate allotment would allow this to happen, with the landowner planning to reside at the existing residence (on its own allotment). As the dwelling and tourism accommodation – in their view – currently function independently of one another, the only change will be ownership rights.

In the alternative, it could equally be said that the two developments are linked, being located on the same land, and managed by the same owner.

Indeed, the establishment of the tourism accommodation venture was previously approved on this basis (to add value / diversify income / allow for the development to be locally serviced and managed). That personal or business circumstances have changed is not a reason – from a planning policy perspective – to depart from a key objective of this plan, that is, to restrict the further subdivision of land within the Coastal Conservation Zone.

As noted in the Coast Protection Board’s advice, there is nothing to preclude the accommodation facility being managed by another person or business, or the current land being sold as a single development.

Policy Framework

It is notable that in the recent review and implementation of planning policies on Kangaroo Island – reference being made to the Kangaroo Island Sustainable Futures DPA (Ministerial) gazetted on 19 February 2014 – there is scant mention of land division policies or a focus to change them, only that the ‘further fragmentation of land is not envisaged in the Conservation and Coastal Conservation Zones’.

Whilst the plan seeks to encourage nature based tourism and accommodation – enabling existing owners of land to develop their land for this purpose - it does not envisage the separation of such uses onto their own allotments (noting that there are no related exemptions provided in the non-complying table).

If approved, the proposal would lend support – or at the very least a heightened expectation - for other landowners (that operate tourism accommodation developments), or where such developments are approved in the future, to seek the creation of a separate allotment in the zone.

Such outcomes – on an individual or cumulative basis – can progressively undermine established planning policy, with the potential for greater impacts in those zones within more sensitive environments, where the level of protection afforded is greater. If the guidance is not applied or enforced, what is the point of the policy?

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Coastal Development

The subject land is not subject to coastal process – such as flood or erosion risk – whilst public access to the coast is not compromised. The advice of the Coast Protection Board is also noted in respect to minimal impacts in relation to landform stability and sand drift hazard, and acknowledges efforts to minimise vegetation clearance – although it is also not unreasonable to conclude that the further fragmentation of land into additional allotments can be detrimental to conservation values, with the Prospect Hill cell being ranked highly (11 out of 65 coastal study cells) under the Kangaroo Island (KI) Coastal Lands Assessment completed in 2017.

Bushfire Risk

The subject land is within a High Bushfire hazard area, however as matters of access (i.e. turning circle) and water storage were considered and conditioned with the previous tourist accommodation land use application, then these matters do not require reconsideration.

Site Access, Maneuverability and Carparking

The tourism accommodation development will utilise an existing unsealed driveway to Muston Road, whilst independent access is also available to the dwelling site on the northern portion of the land. Sufficient carparking and manoeuvring areas are available on both proposed allotments to service both existing developments.

Native Vegetation

One of the main concerns with both coastal and rural subdivision is the location or alignment of new boundaries vis-à-vis existing native vegetation (and the expectation that new fences and land clearance, both for construction, maintenance and to reduce fuel loads, would result in vegetation loss – particularly through intact stratum and/or more sensitive environments.

The applicant has responded to these issues with a draft Land Management Agreement, essentially seeking to restrict via a management plan (registered against the new allotments) the installation of new boundary fencing and any associated removal of native vegetation.

Council Report

The Council undertook the appropriate statutory steps in the processing of the development application. The officer’s report provided a detailed overview of the land and its development history, and undertook an assessment of the proposal against the relevant provisions of the Kangaroo Island Development Plan.

The adoption of a Land Management Agreement to control for fencing and clearance impacts is also acknowledged – although the utilisation of a management plan to control a type of development (and mitigate potential impacts) not envisaged by the planning scheme is queried (i.e. whether it is necessary and appropriate).

9. CONCLUSION

The application seeks to create an additional allotment within a zone that strongly discourages the further fragmentation of coastal land. The existing use of the land for a private dwelling and holiday home (in the form of short-term tourism accommodation) is acknowledged, and may not (by itself) result in significant or additional impacts, neither 9 Development Assessment Commission AGENDA ITEM 2.2.3 6 July 2017 does the division of these land uses onto separate allotments particularly advance the objectives of the zone, nor display special merit as to warrant approval.

The key objectives of the Coastal Conservation Zone – to protect scenic landscapes and fragile environments – can only be protected and enhanced through the imposition and consistent application of more restrictive policies that on the one hand, enable existing coastal land holdings to be sensitively developed to achieve strategic economic goals (in this instance tourism accommodation), but on the other, limit such rights to current allotments (and their respective owners), and that no additional allotments should be created, based on acknowledgement that development rights may be exhausted.

Whilst it is noted that Council has negotiated an LMA to remove the need for boundary fencing and a further restriction on land division, the former was an impact to be mitigated (and would not be required if the land division did not proceed), and the latter unnecessary (as LMAs should not act as a policy substitute where guidelines already exist – i.e. non-complying status). In the absence of effective long-term policing of voluntary agreements, and the underlying pressure to develop the most sensitive areas, caution is recommended – unless and until the state revisits the coastal planning framework.

In this case, the current landowner was able to develop their land holding to the extent the Development Plan allowed (at the time of lodgement), but then as now, the plan sought to restrict the further fragmentation of coastal land, and maintain the size and integrity of such holdings to support broader conservation objectives. In considering this application, a planning authority should take a wider and longer view, and weigh-up how the proposal advances the key objectives of the zone, and how preconditions for future development might be established – either negatively or positively.

In the assessment report provided to Council’s DAP, the planning officer’s report acknowledges that the proposal is finely balanced, and this conclusion is endorsed, however the policy ‘bar’ in the Coastal Conservation Zone is deliberately set at a high level (for long-standing policy reasons), where the current proposal falls short. Concurrence should therefore be withheld. Alternatively, if the Commission is supportive of the proposal – on the basis the uses are existing and there is a degree of security regarding the on-going management of the land which will bring little change in the appearance of the land - then the Council recommendation incorporates relevant conditions and requirements of approval.

10. RECOMMENDATION

It is recommended that the Development Assessment Commission:

1) RESOLVE that the Development Assessment Commission is not satisfied that the proposal to further divide land within the Coastal Conservation Zone is sufficiently consistent with the intent of zone provisions that seek to limit such development.

2) RESOLVE that the Development Assessment Commission not concur with the decision of the Kangaroo Island Council to grant Development Plan consent to the division of land (1 into 2 allotments) under DA 520/D012/16 by Roger Hartley at Muston Road, Pelican Lagoon.

SIMON NELDNER TEAM LEADER – DEVELOPMENT ASSESSMENT PLANNING AND DEVELOPMENT (DPTI)

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APPENDIX ONE - PLANNING POLICIES

The Objectives and Principles of Development Control in the Development Plan most relevant to the assessment of the application are outlined as follows. These are contained in the Kangaroo Island Development Plan (Consolidated 17 September 2015.

COASTAL CONSERVATION ZONE OBJECTIVES

1 To enhance and conserve the natural features of the coast including visual amenity, landforms, fauna and flora.

2 Low-intensity recreational uses located where environmental impacts on the coast will be minimal.

3 Development that contributes to the desired character of the zone.

DESIRED CHARACTER

The zone defines the coastal areas of high landscape or conservation value and incorporates policy to ensure the preservation of the coastal landscape resource.

Pelican Lagoon, Prospect Hill and Sapphiretown Peninsula in particular, have been identified as having high conservation value and should be protected. In addition, the high scenic value of Chapman River and the surrounding area at Antechamber Bay should be protected for camping and recreational use.

However, the coastal environment plays an important role in Kangaroo Island's economy and the tourist attraction provided by the coastal environment, coastal scenery and abundant wildlife is expected to see growth in visitor numbers that will need to be appropriately managed and catered for. The provision of facilities, including tourist accommodation and recreational facilities, may be established in the zone provided they are sited and designed in a manner that is subservient to the natural and coastal environment and adverse impact on natural features, landscapes, habitats and cultural assets is minimised.

The preference is that tourism development, including any associated access driveways and ancillary structures, be located on cleared areas or areas where environmental improvements can be achieved. Development should be located away from fragile coastal environments and significant habitat or breeding grounds.

In order to reinforce the Island’s scenic and landscape experiences, tourism development should maintain a strong visual impression of a sparsely developed or undeveloped coastline from public roads and land-based vantage points.

The design and siting of tourist accommodation should ensure emphasis is given to raising consciousness and appreciation of the natural, rural, coastal and cultural surroundings.

Upgrading of existing dwellings is encouraged in order to meet various criteria, including approved waste control and effluent disposal systems, the raising of living areas above the level of hazard risk for flooding and inundation or to reduce the level of hazard risk, and other environmental considerations.

It is envisaged that development is not undertaken on coastal dune systems, tidal wetlands, mangroves, sand dunes or other environmentally sensitive areas.

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The desired character of the zone does not seek to encroach on the existing use rights of farmers.

PRINCIPLES OF DEVELOPMENT CONTROL Land Use

PDC1 The following forms of development are envisaged in the zone:

▪ coastal protection works ▪ conservation works ▪ interpretive signage and facilities ▪ tourism/visitor facilities ▪ tourist accommodation.

PDC2 Development listed as non-complying is generally inappropriate and not acceptable unless it can be demonstrated that it does not undermine the objectives and principles of the Development Plan.

PDC3 Buildings and structures should mainly be for essential purposes, such as shelters and toilet facilities associated with public recreation, navigation purposes or necessary minor public works.

PDC4 Development involving the removal of shell grit or sand, other than for coastal protection works purposes, or the disposal of domestic and industrial waste should not be undertaken.

Form and Character

PDC5 Development should not be undertaken unless it is consistent with the desired character for the zone.

PDC6 Development should be designed and sited to be compatible with conservation and enhancement of the coastal environment and scenic beauty of the zone.

PDC7 Development should:

(a) not adversely impact on the ability to maintain the coastal frontage in a stable and natural condition (b) minimise vehicle access points to the area that is the subject of the development (c) be landscaped with locally indigenous plant species to enhance the amenity of the area and to screen buildings from public view (d) utilise external low reflective materials and finishes that will minimise glare and blend in with the features of the landscape.

PDC8 Buildings or structures should be unobtrusively located, limited to a height of 6.5 metres above natural ground level, and be of such size and design, including materials and colours, to harmonise and blend naturally with the landscape and natural features of the zone.

PDC9 Where public access is necessary in sensitive locations, walkways and fencing should be provided to effectively control access.

PDC10 Sheds, garages, outbuildings and farm buildings, should be erected only as ancillary uses to an existing dwelling or for the continued management of any existing farm.

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PDC11 Development should not prejudice the landscape quality and natural bushland of the zone.

PDC12 Tourist accommodation should complement the natural landscape and be designed in a way that minimises impact on the natural environment.

Land Division

PDC13 Land should not be divided except where:

(a) no additional allotments are created wholly or partly within the zone (b) there is no increase in the number of allotments with direct access to the coast or a reserve including by creation of land under rights of way or community titles.

Procedural Matters (Edited) – Non-complying development

GENERAL SECTION

COASTAL AREAS OBJECTIVES

1 The protection and enhancement of the natural coastal environment, including environmentally important features of coastal areas such as mangroves, wetlands, sand dunes, cliff-tops, native vegetation, wildlife habitat, shore and estuarine areas.

2 Protection of the physical and economic resources of the coast from inappropriate development.

3 Preservation of areas of high landscape and amenity value including stands of vegetation, shores, exposed cliffs, headlands, islands and hill tops, and areas which form an attractive background to urban and tourist areas.

4 Development that maintains and/or enhances public access to coastal areas with minimal impact on the environment and amenity.

5 Development only undertaken on land which is not subject to or that can be protected from coastal hazards including inundation by storm tides or combined storm tides and stormwater, coastal erosion or sand drift, and probable sea level rise.

6 Development that can accommodate anticipated changes in sea level due to natural subsidence and probable climate change during the first 100 years of the development.

7 Development which will not require, now or in the future, public expenditure on protection of the development or the environment.

PRINCIPLES OF DEVELOPMENT CONTROL

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PDC1 Development should be compatible with the coastal environment in terms of built- form, appearance and landscaping including the use of walls and low pitched roofs of non-reflective texture and natural earth colours.

PDC2 The coast should be protected from development that would adversely affect the marine and onshore coastal environment, whether by pollution, erosion, damage or depletion of physical or biological resources, interference with natural coastal processes or any other means.

PDC3 Development should not be located in delicate or environmentally-sensitive coastal features such as sand dunes, cliff-tops, wetlands or substantially intact strata of native vegetation.

PDC23 Land in coastal areas should only be divided if:

(a) it or the subsequent development and use of the land will not adversely affect the management of the land, adjoining land or the coast (b) sand dunes, wetlands and substantially intact strata of native vegetation are maintained or consolidated within single allotments.

PDC24 Land division in coastal areas outside of designated urban or settlement zones should not increase either of the following:

(a) the number of allotments abutting the coast or a reserve (b) the number of allotments, including community title allotments and those that incorporate rights of way, with direct access to the coast or a reserve.

PDC25 Land should not be divided for commercial, industrial or residential purposes unless a layout can be achieved whereby roads, parking areas and development sites on each allotment are at least 0.3 metres above the standard sea-flood risk level, unless the land is, or can be provided with appropriate coastal protection measures.

PDC26 Subdivision of land that has frontage to the coast should make provision for a reserve that is at least 50 metres in width along such frontage.

Land Division

OBJECTIVES

1 Land division that occurs in an orderly sequence allowing efficient provision of new infrastructure and facilities and making optimum use of existing under utilised infrastructure and facilities.

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

3 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.

4 Land division restricted in rural areas to ensure the efficient use of rural land for primary production and avoidance of uneconomic infrastructure provision.

PRINCIPLES OF DEVELOPMENT CONTROL

PDC1 When land is divided:

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(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.

PDC2 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 an existing or proposed public road (c) the intended use of the land would require excessive cut and/or fill (d) the intended use, or the establishment of that use, is likely to lead to undue erosion of the subject land or land within the locality (e) the area is unsewered and the size, shape, slope and soil structure of a proposed allotment is not suitable to accommodate an appropriate waste disposal system within the confines of the allotment (f) the intended use of the land would be contrary to the zone objectives (g) any single allotments are created that sit within more than one zone (h) provision of services result in uneconomic costs to the community.

Design and Layout

PDC3 Land divisions should be designed to ensure that areas of native vegetation and wetlands do not need to be cleared as a consequence of subsequent development or fragmented or reduced in size.

PDC4 The design of a land division should incorporate:

(a) roads, thoroughfares and open space that result in safe and convenient linkages with the surrounding environment, including public and community transport facilities, and which, where necessary, facilitate the satisfactory future division of land and the inter-communication with neighbouring localities (b) safe and convenient access from each allotment to an existing or proposed public road or thoroughfare (c) areas to provide appropriate separation distances between potentially conflicting land uses and/or zones (d) suitable land set aside for useable local open space (e) public utility services within road reserves and where necessary within dedicated easements (f) the preservation of significant natural, cultural or landscape features including State and local heritage places (g) protection for existing vegetation and drainage lines (h) where appropriate, the amalgamation of smaller allotments to ensure co- ordinated and efficient site development.

PDC5 Land division within an area identified as being an ‘Excluded Area from Bushfire Protection Planning Provisions’ on Bushfire Protection Area BPA Map KI/20 - Bushfire Risk should be designed to make provisions for: (a) emergency vehicle access through to the Bushfire Protection Area and other areas of open space connected to it (b) a mainly continuous street pattern serving new allotments that eliminates the use of cul-de-sacs or dead end roads

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(c) a fire hazard separation zone isolating residential allotments from areas that pose an unacceptable bushfire risk by containing the allotments within a perimeter road or through other means that achieve an adequate separation.

PDC7 Allotments should have an orientation, size and configuration to encourage development that:

(a) minimises the need for earthworks and retaining walls (b) maintains natural drainage systems (c) faces abutting streets and open spaces (d) does not require the removal of existing native vegetation to facilitate that development (e) will not overshadow, dominate, encroach on or otherwise detrimentally affect the setting of the surrounding locality.

PDC16 The design of the land division should provide space sufficient for on-street visitor car parking for the number and size of allotments, taking account of:

(a) the size of proposed allotments and sites and opportunities for on-site parking (b) the availability and frequency of public and community transport (c) on-street parking demand likely to be generated by nearby uses.

Land Division in Rural Areas

PDC18 Rural land should not be divided if the resulting allotments would be of a size and configuration likely to impede the efficient use of rural land for any of the following:

(a) primary production (b) value adding industries related to primary production (c) protection of natural resources.

PDC19 Rural land should not be divided where new allotments would result in any of the following:

(a) fragmentation of productive primary production land (b) strip development along roads or water mains (c) uneconomic costs to the community for the provision of services (d) prejudice against the proper and orderly development of townships (e) removal of native vegetation for allotment boundaries, access roads, infrastructure, dwellings and other buildings or firebreaks.

Orderly and Sustainable Development OBJECTIVES

1 Orderly and economical development that creates a safe, convenient and pleasant environment in which to live.

2 Development occurring in an orderly sequence and in a compact form to enable the efficient provision of public services and facilities.

3 Development that does not jeopardise the continuance of adjoining authorised land uses.

4 Development that does not prejudice the achievement of the provisions of the Development Plan.

PRINCIPLES OF DEVELOPMENT CONTROL 16 Development Assessment Commission AGENDA ITEM 2.2.3 6 July 2017

PDC1 Development should not prejudice the development of a zone for its intended purpose.

PDC2 Land outside of townships and settlements should primarily be used for primary production and conservation purposes.

PDC3 The economic base of the region should be expanded in a sustainable manner.

Tourism Development OBJECTIVES

1 Environmentally sustainable and innovative tourism development.

2 Tourism development that assists in the conservation, interpretation and public appreciation of significant natural and cultural features including State or local heritage places.

3 Tourism development that sustains or enhances the local character, visual amenity and appeal of the area.

4 Tourism development that protects areas of exceptional natural value, allows for appropriate levels of visitation, and demonstrates a high quality environmental analysis and design response which enhances environmental values.

5 Tourism development in rural areas that does not adversely affect the use of agricultural land for primary production.

6 Tourism development that contributes to local communities by adding vitality to neighbouring townships, regions and settlements.

8 Ensure new development, together with associated bushfire management minimise the threat and impact of bushfires on life and property while protecting the environment.

PRINCIPLES OF DEVELOPMENT CONTROL

PDC1 Tourism development should have a functional or locational link with its natural, cultural or historical setting.

PDC2 Tourism development and any associated activities should not damage or degrade any significant natural and cultural features.

PDC3 Tourism development should ensure that its scale, form and location will not overwhelm, over commercialise or detract from the intrinsic natural values of the land on which it is sited or the character of its locality.

PDC4 Tourism development should, where appropriate, add to the range of services and accommodation types available in an area.

Tourism Development in Association with Dwelling(s)

PDC7 Tourist facilities developed on the site of a dwelling should not detrimentally affect residential amenity.

PDC8 Car parking for tourist accommodation associated with a dwelling should be provided at the rate of one space for each guest room or suite of rooms, and ensure that: 17 Development Assessment Commission AGENDA ITEM 2.2.3 6 July 2017

(a) parking areas are attractively developed and landscaped, or screen fenced, and do not dominate the street frontage (b) the bedrooms of residential neighbours are suitably shielded from noise and headlight glare associated with guest vehicle movements (c) a domestic character is retained through the scale and appearance of landscaping and paving materials that provide a suitable all-weather surface.

Tourism Development Outside Townships and Settlements

PDC10 Tourism developments in rural areas should be sited and designed to minimise adverse impacts on either of the following:

(a) the surrounding agricultural production or processing activities (b) the natural, cultural or historical setting of the area.

PDC14 Tourism developments in rural areas:

(a) should primarily be developed in association with one or more of the following: (i) agricultural, horticultural, viticultural or winery development (ii) heritage places and areas (iii) public open space and reserves (iv) walking and cycling trails (v) interpretive infrastructure and signs (vi) rural industries that primarily use ingredients sourced primary from the Island’s farms and coastal waters (b) may involve the provision of facilities and accommodation associated with outdoor adventure, recreation and leisure activities.

PDC17 Tourism development in rural areas should occur only where it:

(a) incorporates a separation distance or buffers to avoid conflict with existing rural industries or agriculture or otherwise is designed to overcome the potential impacts associated with the adjoining land use (such as noise, dust, spray drift, odour and traffic) (b) will not give rise to demands for infrastructure and services, especially on public lands, that are inappropriate to the purpose of the zone and/or policy area.

Transportation and Access OBJECTIVES

OB2 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.

PDC2 Development should be integrated with existing transport networks, particularly road corridors, as shown on Overlay Maps - Transport, and designed to minimise its potential impact on the functional performance of the transport networks.

PDC21 Development should have direct access from an all-weather public road.

PDC22 Development should be provided with safe and convenient access which: 18 Development Assessment Commission AGENDA ITEM 2.2.3 6 July 2017

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

19 SUBJECT LAND AND LOCALITY

10 RuL Q114 A6 S270

Q115

A7

A3 S556

S55A

A35

NO ZONES

A201 A200

A34 MUSTON A50

PrPro

S56

A1

A33

Environmental Constraint Primary Production / Mining Rural Living Local government boundary

A105 Suburbs Zoning Policy Area Cadastre (2016) Main road Q1 Other road A2 HOG BA ! Y RD Major towns ! Other towns and localities A3 Q2 S404 S510 ± 0 0.4 km H A2 OG B AY RD PELICAN Produced by Department of Planning, Transport and Infrastructure. CstCon LAGOON Valuation derived data has been supplied HAINES by DPTI and is current to 30 June 2016. Topographic data supplied by DEWNR,

S53 DPTI and Geoscience Australia. Imagery A100 A5 A30 supplied by Government of South Australia. A4

S487 S509 S488

S285 S402

© Government of South Australia 2017. No part of this document may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, without the prior written permission of the publisher, Department of Planning, Transport and Infrastructure. While every reasonable effort has been made to ensure that this document is correct at the time of publication, the State of South Australia and its agencies, instrumentalities, PLN ID: 2546 employees and contractors disclaim any and all liability to any person in respect to anything or the consequence of anything done or omitted to be done in reliance upon the whole or any part of this document. MAP KI/11 Adjoins A1 S232 A20 H O A1 Muston CstCon G A2 A2 SEE MAP KI/28 A4 D R A93 R A1 E Q114 V I

D

R A6 R

Y

R N

B A A A D A3 C MOORES RD N I Y U R O E S62 B M A A3 A2 Q115

A4

S38 A5 A211

A2 S39 A200 Hungry Beach D

R

N

A210 M1 O

S37 T

S

U PrPro M

A4 IK PA

A13 /A S56 D

R snio jd 4 IN A11 A H C E E Q5 R A10 H D T R

Y

sniojdA 01/IK PAM 01/IK sniojdA A A1 R B D H O K A105 G S

A BA

C Y Q1 R

U RD

O L A4 A103 F A8 S29 A9 A102 A101 A2 A2

F L O R A N C A5 E S53 A5 R A100 A70 A6 D A15 S48 A100 CstCon S487

Q50

A200 A202 Pennington Bay Q51 A201

S46 Q52

S285

A1 A2 S25

S45 AK PjdMAIK A Poj 1

A101 A102 A103 S418 Land Not Within A100

A101 a Council Area /s CstCon (Coastal Waters) S286 Tabl e Rock Point S287 Reynolds Council Boundary is sea coast ni (low water mark) Flour Cask Bay

MAP KI/1 Adjoins See enlargement map for accurate representation. Lamberts Conformal Conic Projection, GDA94

0 000,2 m

Zones CstCon Zone Map KI/13 Coastal Conservation PrPro Primary Production Zone Boundary Development Plan Boundary KANGAROO ISLAND COUNCIL Consolidated - 17 September 2015 BPA Map KI/1 Adjoins Kangaroo Head Little Conguinar Point Morrison Beach A200 The S95 Congony Beach A10 Red Norma A11 Banks S96 Cove A199 S94 RD Dolphins Point N O Big Conguinar Beach IS R S99 R S217 O S215 M A117 T S93 NEPEAN BAY R A198 PO S92 S216 Newland Bay BALLAST S218 HEAD S97 A98 A118 S212 S91 A197 S98 A3 KANGAROO A1 S214 S213 Ballast Head Eastern Cove HEAD S227 A4 Ballast Head A2 A101 S82 S88 A1 A402 D S228 American R A400 A401 TH Ballast Head Harbor Y OM A AS B RD A323 Beach G O H S226 A1 AMERICAN SEE BPA Map KI/23 A1 A201 A404 RIVER S49 A405 American The High Sandhill A406 River S229 S76 SEE BPA Map KI/21 Baudin Beach A500 S231 S84 S230 Strawbridge Point A33 A15 A407 Buick Point A16 A501 A32 D R A31 A12 R

BPA Map KI/9 Adjoins Map KI/9 BPA E A30 IV Brown Beach

HAINES R Sapphiretown S137 Map KI/11 Map A N BPA A IC R S532 Island E Rocky Browns A1 A2 M Picnic A D S136 Beach E C Point OU Point Beach S232 EDI A20 E DR A91 Pelican A109 A1 S641 S298 Lagoon CP A861 A2 A96 A107 A4 A4 A5 EAS A3 T W A1 ES Muston S491 A3 S296 T H A2 S641 A2 WY A1 S492 A108 S294 A4

D

RD

A6 R A3 A50 T Dudley djoins A2 S297 H A3 A3 T S299 U Shag Rock A21 CP O

S A4 DHURS N S295 H S477 T S475 A2 SA R A211 Q502 O A2 MUSTON N A2 S306 A51 Hungry A503 S300 A3 A14 A210 Beach S303 S302 A11 S56 A1 Q18 A13 S305 S403 S410 Q19 Q20 HOG BAY RD S304 A10 A22 A21 F A1 L A105 A108 A11 O A2 A2 A17 A18 S321 S301 R Q1 A107 A20 A12 A A4 N A109 A9 C S322 DUDLEY E A2 A110 R A100 A16 D A19 A21 A8 A7 S319 S323 WEST S48 A5 S53 A30 A22 A6 A5 A15 S51 S320 A15 S314 PELICAN S328 LAGOON S327 A202 S469 S46 Pennington SEE BPA Map KI/22 S324 Bay S325 A16 S329 ins A2 o Land Not Within S45 a Council Area S326 7 Adj A103 (Coastal Waters) Ta bl e Ro ck Point

p KI/1 Reynolds

BPA Ma BPA

BPA Map KI/1 Adjoins See enlargement map for accurate representation.

05km Bushfire Protection Area BPA Map KI/10 High Bushfire Risk Medium Bushfire Risk BUSHFIRE RISK General Bushfire Risk Development Plan Boundary KANGAROO ISLAND COUNCIL Consolidated - 17 September 2015

2017­6­26 Application Detail

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Application Detail Hide All General Hide Unique Id : 56006 Development No : 520/D012/16 Application Type : Conventional Land Division Application Extent : Provisional Development Plan Consent with Land Division Consent Land Use/Building Consent : No Council Name : Kangaroo Island Council Agents Reference : 2321­07 F Short Reference : Hartley MustPelican Submitting Agents Name : Weber, Frankiw & Associates Submitted By : Scott Vasey, Weber, Frankiw & Associates Application Status : Lodged & Distributed (No Decision)

Application Type Details : Conventional Land Division Hide Total Area of Land to be Divided : 37.25 hectares Reserve Area : 0 hectares Number of existing allotments : 1 Number of proposed allotments (excluding road 2 and reserve) : Number of additional allotments : 1

Applicant Details Hide Salutation Name Organisation Name Address Mr Roger Hartley c/o agent South Australia AUSTRALIA

Owner Details Hide Salutation Name Organisation Name Address Mr Roger Hartley c/o agent South Australia AUSTRALIA

Contact Details Hide Salutation Name Address Telephone Fax Email Mr Jerry Frankiw The Centre Telephone 1 : Fax 1 : [email protected] 178 Main Road 8323 8991 8323 9686 McLaren Vale 5171 South Australia Telephone 2 : Fax 2 : AUSTRALIA

Mobile :

Subject/Property Details Hide

House No. : Lot No. : Street : Muston Road Suburb/Town Pelican Lagoon Hundred: Dudley Reference Section:

Title Reference and Plan Parcel Title Code Title Description Volume Folio Plan Code Plan Description Plan No. Parcel No. CT Certificate of Title 5282 685 D Deposited Plan 12638 A105

Other Details Hide

Existing Use : rural with dwelling and tourist accommodation Description of Proposed Development : 2 lot division Does either schedule 21 or 22 of the No Development Regulations 1993 apply? : Notes : https://www.edala.sa.gov.au/edala/EDALA.aspx?PageMode=ApplicationDisplay&ApplicationId=56006 1/4 2017­6­26 Application Detail

Additional Information Requests :

Additional Fees and Payments :

Lodgement Date : 12 Oct 2016 Months for Development Approval Request : 12

Categorisation Details Hide Decision Authority : Council Application Classification : Major Kind of Development : Non­Complying Notification Category : Not Applicable Zone : Coastal Conservation Zone Development Plan Map No : KI/13&14 Allocated Planner : Simon Neldner Categorisation Comments : Statement of support uploaded 23/11/16

Categorised By : Glen Donges Categorisation Date : 30 May 2017

Distribution Details Hide Referral Agency Referred to Agent First Accessed Referral State Due Date Response Development Assessment Commission 27 Oct 2016 28 Oct 2016 Returned on 13 Dec 2016 Hide Response Details : Referral Comment Nature of Response Contact Details Document No comment Planning Services Hide Telephone :71097016 Referral Document : Document Title Document Type Document Version Notes DAC Consultation Report DAC Consultation Report 1 Show

SA Water Corporation 27 Oct 2016 27 Oct 2016 Returned on 17 Nov 2016 Hide Response Details : Referral Comment Nature of Response Contact Details Document TONY PANNUNZIO Hide Telephone :7424 1243 Referral Document : Document Title Document Type Document Version Notes SA Water Response Standard Agency Referral Response 1 Show

DEWNR ­ Native Vegetation Council 27 Oct 2016 07 Nov 2016 Returned on 06 Dec 2016 Hide Response Details : Referral Comment Nature of Response Contact Details Document see comment attached (twice sorry) Alice Everitt Hide Telephone :8207 7715

Referral Document : Document Title Document Type Document Version Notes NVC comment Standard Agency Referral Response 1 Show NVC comment Standard Agency Referral Response 1 Show

SA Power Networks 27 Oct 2016 Returned on 16 Nov 2016 Hide Response Details : Referral Comment Nature of Response Contact Details Document Refer to attached response Angela Clark Hide Telephone :84045897

Referral Document : Document Title Document Type Document Version Notes Response to 520/D012/16 Miscellaneous 1 Show

DEWNR ­ Coast Protection Board 27 Oct 2016 01 Nov 2016 Returned on 08 Dec 2016 Hide Response Details : Referral Comment Nature of Response Contact Details Document see report Peter Allen Hide Telephone :81244906

Referral Document : Document Title Document Type Document Version Notes cpb Miscellaneous 1 Show

Development Assessment Commission 22 Feb 2017 22 Feb 2017 Overdue 24 May 2017 Show

Decision Authority Distributed for Decision First Accessed Decision State Decision Issued Response Kangaroo Island Council 27 Oct 2016 28 Oct 2016 Over­ridden Show

Kangaroo Island Council 24 Nov 2016 28 Nov 2016 Current Show

Decision Details Hide There has not yet been a decision submitted for this application

Overturned Decision Details Hide https://www.edala.sa.gov.au/edala/EDALA.aspx?PageMode=ApplicationDisplay&ApplicationId=56006 2/4 2017­6­26 Application Detail Overturned Decision Details Hide There are no overturned decision details currently available for this application

Clock Stops (Development Assessment Commission only) Hide No clock stops have been set

Lodgement Fees Hide Fee Invoice No. Fee Invoice Date Invoice Description Fee Status 52079 12 Oct 2016 New Application Invoice Fees Paid

Fee Line Type Description Total Fee ($) Lodgement Fee (additional allotment) 205.00 Land Division Fee (additional allotment) 155.00 Land Division Fee (per Additional Allotment) 14.60 Statement of Requirements Fee (additional allotment) 408.00 Certificate of Approval Fee (additional allotments) 340.00 DAC Consultation Report Fee (additional allotments) 204.00

Invoice Total Fee($) : 1326.60

Certificate of Approval (CoA) Details Hide CoA Id Stage Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan No. Detail Number (DP) 50639 001 Awaiting Show DA Decision There are no further Certificate of Approval (CoA) details

Certificate of Approval (CoA) Clearance Requirements Details Hide CoA Clearance Requirement Description CoA Id Stage Agency Distribution Status Detail No. Name Date A final plan complying with the requirements for plans as set out in the Manual of 50639 001 Development 13 Dec 2016 Not yet Met Show Survey Practice Volume 1 (Plan Presentation and Guidelines) issued by the Assessment Commission Registrar General to be lodged with the Development Assessment Commission for Land Division Certificate purposes.

SA Water has no requirements pursuant to the Development Act. 50639 001 SA Water Corporation No Requirements NO DIRECT WATER OR SEWER AVAILABLE

Additional DA Fees Hide Additional DA Fees ­ Paid Fee Desc Fee Issue Date Payment Date Total Fee ($) Incl. GST Detail No Fees have been paid yet Additional DA Fees ­ Outstanding Fee Desc Fee Issue Date Total Fee ($) Incl. GST Land Division Non­Complying Admin Fee 27 Oct 2016 124.00 Mandatory Referral ­ CPB 27 Oct 2016 217.00 Non­complying Land Division Development 27 Oct 2016 138.60 Assessment Fee

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 Notes 232107div Proposed Plan of Division 1 Uploaded 70.5500000 12 Oct 2016 Show

232107div Proposed Plan of Division 2 Uploaded 76.7000000 12 Oct 2016 Show

CT 5282­685 Certificate of Title/Lease 1 Uploaded 61.1900000 12 Oct 2016 Show

Lodgement Fee Receipt Miscellaneous 1 Uploaded 29.3900000 12 Oct 2016 Show

C002 SoS Miscellaneous 1 Uploaded 1210.5200000 12 Oct 2016 Show

Location plan New Miscellaneous 1 Uploaded 235.0300000 21 Oct 2016 Show

Location plan (enlargement) New Miscellaneous 1 Uploaded 238.3900000 21 Oct 2016 Show

LOTS Admin Interests (none) New Miscellaneous 1 Uploaded 23.0000000 21 Oct 2016 Show https://www.edala.sa.gov.au/edala/EDALA.aspx?PageMode=ApplicationDisplay&ApplicationId=56006 3/4 2017­6­26 Application Detail

DAC Regulation 17 Letter New Miscellaneous 1 Uploaded 197.5000000 28 Oct 2016 Show

statement of support New Miscellaneous 1 Uploaded 359.4300000 23 Nov 2016 Show

Council concurrence request New Miscellaneous 1 Uploaded 338.9100000 22 Feb 2017 Show

Department of Planning, Transport and Infrastructure Only Documents Hide There are no documents currently associated with this application

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 application Mode:ApplicationDisplay/Revision:14

DisclaimerTerms andDepartment of Planning, Transport and Infrastucture, Ground Floor 101 Grenfell Street, ADELAIDE South Australia 5000 ­ P 1800 752 664 Copyright Conditions

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

Registrar-General Certificate of Title - Volume 5282 Folio 685 Parent Title(s) CT 5219/959 Dealing(s) SC 7889345 Creating Title Title Issued 31/07/1995 Edition 2 Edition Issued 27/08/1998 Estate Type FEE SIMPLE Registered Proprietor ROGER EDWIN RAMSAY HARTLEY OF 11 AINSLIE ROAD NORTH FREMANTLE WA 6159 Description of Land ALLOTMENT 105 DEPOSITED PLAN 12638 IN THE AREA NAMED PELICAN LAGOON HUNDRED OF DUDLEY Easements SUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE ELECTRICITY TRUST OF SOUTH AUSTRALIA (T 2796586) Schedule of Dealings NIL Notations Dealings Affecting Title NIL Priority Notices NIL Notations on Plan

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Ref: 2016-0297

11 October 2016 Suite 12 154 Fullarton Road ROSE PARK SA 5067

Mr Aaron Wilksch 08 8333 7999 www.urps.com.au Manager Development and Environmental Services ABN 55 640 546 010 Kangaroo Island Council PO Box 121 KINGSCOTE SA 5223

Dear Aaron

Statement of Support – Torrens Title land division at Lot 105 Muston Road, Muston

Introduction

We write to you in relation to a proposed Torrens Title Land Division (1 into 2) at Lot 105 Muston Road, Muston. Mr Roger Hartley, the owner of the subject land, has engaged our services to provide planning advice and prepare this Statement of Support.

Zone Map KI/13 shows the subject land is located within the Coastal Conservation Zone of the Kangaroo Island Council Development Plan (consolidated 17 September 2015). The land is not located within any Policy Areas.

Background

Mr and Ms Hartley currently divide their time between Adelaide and Kangaroo Island. When on the Island, they reside in their dwelling at Lot 105 Muston Road, Muston. They also currently own and operate the successful Kestral Downs tourist accommodation (separate to the dwelling) located on the same allotment.

Kestral Downs has been operating with a short-term-holiday occupancy rate of approximately 80% per year for the last 5 years (85% for the 2016 year so far). Due to health reasons, maintaining Kestral Downs and the dwelling on the land is no longer possible, particularly given Kestral Downs’ high occupancy rate.

Mr and Ms Hartley are now looking to divide the land. This will result in the dwelling and tourist accommodation being located on two separate allotments. They plan to reside in the dwelling and sell the tourist accommodation site. As the dwelling and tourist accommodation currently function independent of one another, the only change resulting from the land division will be separate ownership rights. The division of the land does not result in any material physical or visible development on the land.

Failure to divide and sell the tourist accommodation would create a dilemma. The owners would be unable to operate the tourist accommodation (for health reasons), and unable to rent it out as a dwelling on the basis this would be contrary to envisaged land uses of the Zone.

shaping great communities

Classification of the development

The Costal Conservation Zone states that land division is non-complying, except where:

(a) no additional allotments are created wholly or partly within the zone (b) it results in allotments of greater than 2 hectares (c) there is no increase in the number of allotments with frontage or direct access to the coast. As per our correspondence dated 6 September 2016, regardless of possible intent, we are of the opinion that there is no proper basis to read the word “and” between the paragraphs for the non-complying exemptions.

The land division being proposed in this instance satisfies paragraphs (b) and (c) of the non-complying exemption. Therefore, in our opinion, the proposal is a “merit” form of development.

We understand from your email correspondence dated 13 September 2016, that although you agree the non-complying trigger is not expressed with clarity, you are of the opinion this application is “non- complying” on the basis an additional allotment is created wholly within the Zone. In this correspondence, you also discuss the intention of policies within the Zone and highlight Zone’s objectives which are to conserve the natural features of the coast. The division of the land does not result in any material physical or visible development on the land and as we discuss in this letter will conserve the natural features of the coast.

Notwithstanding our opinion regarding the merit nature of the development, we are pleased to present this Statement of Support as required by Regulation 17(1) of the Development Regulations 2008 for a non- complying form of development.

Subject land and locality

The subject land comprises a single allotment described as Allotment 105 Muston Road, Muston in Certificate of Title Volume 5282 Folio 685. The land is irregular in shape and comprises an area of 37.4 hectares with a frontage to Muston Road in the order of 840 metres and a frontage to Hog Bay Road of approximately 780 metres.

Image 1: Aerial image of subject site (Source: Nearmap)

H: \Synergy\Projects\2016\2016-0297 Muston Road Kangaroo Island\ Project 2 Management\C002_v3_160927_Statement of Support.docx

The land generally rises from Muston Road at a grade of approximately 1-in-8 on an east-west axis, until it levels off towards and begins to fall towards the western side boundary at a grade of approximately 1-in-10. The site is heavily vegetated with low lying coastal plantings.

The land currently contains a dwelling and separate tourist accommodation building which is known as Kestral Downs. Both buildings benefit from expansive views of Pelican Lagoon to the east and Prospect Hill to the south. Each building functions independent of one another in respect to services such as water, waste, access and electricity. Access to each of the buildings is via separate entrance points from Muston Road, being an unsealed public road. The Muston Road reserve is heavily vegetated.

The land is located approximately 5.4 kilometres, as the crow flies, to the south-west of the township of American River and approximately 6.0 kilometres, as the crow flies, to the south-west of Island Beach. The land is also located within 1 kilometre of Pennington Bay to the south.

Image 2 below shows the expansiveness of the site and views which are obtained.

Image 2: Birds eye view of the site (source: Kestral Downs)

The locality is characterised by large, rural/coastal allotments. Allotments sizes vary considerably in their size, from an estimated 6.5 hectares to over 95 hectares. The variation in the allotment size can be attributed to the range of land uses of each allotment. Land uses include small scale tourist accommodation, coastal reserves, to larger holdings containing livestock and rural residential uses.

Visually, the locality exhibits scenic coastal qualities through vast open spaces with stands of roadside vegetation. When viewed from public roads, buildings and structures are generally sited unobtrusively, clustered together and screened by vegetation.

Tourism is evident throughout the locality with roadside signage directing motorists to accommodation and places of interest such as Prospect Hill and Pennington Bay.

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The proposal

The proposed land division plans have been prepared by Weber Frankiw dated 27 September 2016. The proposal comprises a Torrens Title land division of one allotment into two. The detail of the proposal is as follows:

 Proposed Allotment 20 is to comprise: > An irregular shaped allotment of 13.37 hectares, with a frontage to Muston Road of 237 metres and a depth of 320.6 metres and a rear boundary of 252.7 metres.

> The existing dwelling and outbuilding will remain.

 Proposed Allotment 21 is to comprise: > An irregular shapes allotment of 24.06 hectares, with a frontage to Muston Road of 710.1 metres and a depth of 781.0 metres.

> The existing tourist accommodation building will remain.

Both buildings have existing independent access and on-site waste control systems. The proposed land division will not alter these arrangements.

Planning considerations

As noted previously, the subject land is located within the Coastal Conservation Zone with no Policy Areas applying.

We have considered the most relevant provisions of the Zone with respect to their intent, as well as the relevant general section provisions.

The primary consideration in this matter is the potential impact on the Zone’s key objectives, which are to conserve the natural features of the coast.

In this assessment, we also address matters relating to the land division more generally including setbacks and bushfire protection.

Use of the land

The proposal involves no change to the use of any of the proposed allotments.

The Coastal Conservation Zone envisages limited forms of development largely due to the coastal environment it seeks to protect. Forms of development which are supported in the Zone include tourist accommodation and coastal protection works as described by Zone PDC 1.

The land is presently used for rural living and tourist accommodation purposes. Both buildings on the allotment function independently of one another with respect to services. The proposal seeks to divide the property into two to allow separate ownership of the tourist accommodation. The proposed division will conserve the natural features of the land as the:

 Proposed line of division follows the natural features of the site including vegetation as explained under the following heading and detailed on Image 3.  No new infrastructure will be required to facilitate the land division. Infrastructure such as access, electricity, and independent on-site waste water systems are separately available to each allotment.

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The proposed creation of the new allotment will not alter the use of the land which partly satisfies Zone PDC 1 the Coastal Conservation Zone.

Impact on coastal land

Zone PDC 13 anticipates that land division to occur when certain circumstances are met and states:

Coastal Conservation Zone

PDC 13 Land should not be divided except where:

(a) no additional allotments are created wholly or partly within the zone

(b) there is no increase in the number of allotments with direct access to the coast or a reserve including by creation of land under rights of way or community titles.

(underline added)

The proposal will create an additional allotment wholly within the zone and therefore cannot meet PDC 13 part (a). The limitation placed on land division is a mechanism to protect the natural features within the Zone such as sand dunes, intact native vegetation and wetlands. Land uses have already been established on the respective proposed allotments. The division of the land does not result in any material physical or visible development on the land and makes no changes to the natural features of the coast. In addition, as the subject land has no frontage to the coast, or a coastal reserve, the proposal can satisfy PDC 13 part (b).

More broadly, the Development Plan contemplates land division in coastal areas as per Coastal Areas general section PDC 23 which states:

Coastal Areas – General Section

PDC 23 Land in coastal areas should only be divided if:

(a) it or the subsequent development and use of the land will not adversely affect the management of the land, adjoining land or the coast

(b) sand dunes, wetlands and substantially intact strata of native vegetation are maintained or consolidated within single allotments.

(underline added)

Land uses are already established on the existing allotment. As a result of the allotment each land use will be contained on an individual title, i.e. the dwelling and tourist accommodation building will be on separate titles. The only resulting change from the land division will be separate ownership.

Mapping obtained from LocationSA shows the location of intact native vegetation – see Image 3 below with the approximate line of division overlayed.

H: \Synergy\Projects\2016\2016-0297 Muston Road Kangaroo Island\ Project 5 Management\C002_v3_160927_Statement of Support.docx

COASTAL SHRUBLAND

PROPOSED LINE OF DIVISION (APPROXIMATE)

Image 3: Aerial mapping showing location of native vegetation and the proposed line of division (source: LocationSA)

Generally, the line of division follows the line of existing intact native vegetation. Proposed allotment 20 will contain the majority of this native vegetation with a small section located on proposed allotment 21. Although the proposed line of division cuts through a small portion of the native vegetation, it follows the existing access tracks to each building. The result of this means that no native vegetation will be removed to create access tracks into the properties.

Land division generally

More broadly, Land Division General Section PDC 2 considers the circumstances when land division should not occur.

Table 1 below demonstrates the proposals compliance against PDC 2.

Table 1 Land should not be divided if any of the Proposal following apply: The size, shape, location, slope or nature of The land use on each proposed allotment is established. the land makes any of the allotments The shape and size of the proposed allotments will allow unsuitable for the intended use the land use to continue. Any allotment will not have a frontage to an Both proposed allotments will have a frontage to Muston existing or proposed public road Road which is a public road. The intended use of the land would require The land use on each proposed allotment is established. excessive cut and/or fill This land use can continue without any earth works required. The intended use, or the establishment of that The land use on each proposed allotment is established. use, is likely to lead to undue erosion of the This land use can continue in the same manner it is subject land or land within the locality currently used. The land division in-of-itself is not expected to create undue erosion. The area is unsewered and the size, shape, Both the dwelling and the tourist accommodation slope and soil structure of a proposed building are connected to existing and independent waste allotment is not suitable to accommodate an water systems.

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Land should not be divided if any of the Proposal following apply: appropriate waste disposal system within the confines of the allotment The intended use of the land would be Tourist accommodation is an envisaged form of land use contrary to the zone objectives in the Zone. This use will continue on proposed allotment 21. A dwelling is established on proposed allotment 20 and this use will continue. Any single allotments are created that sit All allotments will be located entirely within the Coastal within more than one zone Conservation Zone. Provision of services result in uneconomic No additional services are required to facilitate the land costs to the community division. The tourist accommodation and dwelling currently function entirely independent of one another with respect to services.

As shown in the table above, the proposed land division satisfies Land Division PDC 2 in that:

 A land use is already established on each of the proposed allotment. The division in-of-itself will not create conditions which will affect the natural features of the land.  Proposed allotments will have access from Muston Road which is a public road.  The tourist accommodation and dwelling currently function entirely independent of one another with respect to services including independent on-site waste treatment systems. Therefore, no additional demand is created or needed.

Setbacks

The only setback which will change as a result of the land division will be the northern side setback of the tourist accommodation and the southern side setback of the dwelling.

Tourism Development general module PDC 11 (b) guides setbacks for tourist accommodation and states:

Tourism Development – General Section

PDC 11 Buildings and structures to accommodate tourists and associated activities should:

(b) have a minimum setback of 100 metres from any of the following:

(i) public roads or be no closer to a public road than existing buildings on the subject land, whichever is the lesser

(ii) adjoining allotment boundaries

(iii) the high water mark

(iv) cliff faces

(underline added)

The tourist accommodation setback from the adjoining allotment boundary varies due to the proposed line of division. However, the minimum setback from the northern adjoining allotment boundary is 108 metres and therefore satisfies PDC 11 (b) (ii).

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The proposed setback from the southern side of the dwelling will be in excess of 280 metres, at a minimum. The Development Plan contains no quantitative provisions for side setbacks of dwellings. However, the reduced setback of 280 metres will not result in any new interface issues given the change of setback is to the existing tourist accommodation.

Bushfire

The land is located in a high Bushfire Protection Area as shown on BPA Map KI/10. Hazards general module PDC 13 guides land division in bushfire protection areas and states:

Hazards – General Section

PDC 13 Where land division does occur it should be designed to:

(a) minimise the danger to residents, other occupants of buildings and firefighting personnel

(b) minimise the extent of damage to buildings and other property during a bushfire

(c) ensure each allotment contains a suitable building site that is located away from vegetation that would pose an unacceptable risk in the event of bushfire

(d) ensure provision of a fire hazard separation zone isolating residential allotments from areas that pose an unacceptable bushfire risk by containing the allotments within a perimeter road or through other means that achieve an adequate separation.

(underline added)

The existing tourist accommodation and dwelling contain:

 Existing individual access points to the tourist accommodation and dwelling from Muston Road, which is a public road. CFS vehicles are able to access the tourist accommodation and dwelling from separate points. The resulting land division will not alter this arrangement.  Firefighting vehicle turnaround points exist for independently for the dwelling and tourist accommodation.  Clearings have already been created around the dwelling and tourist accommodation to minimise a bushfire hazard.

The proposed allotments currently contain existing bushfire protection measures for the tourist accommodation and dwelling. The resulting land division will not alter bushfire protection measures.

Summary

The proposal is for a land division (1 into 2) in the Coastal Conservation Zone.

The subject site comprises an existing dwelling and tourist accommodation building. The resulting land division will not change the existing use of the land and will simply facilitate separate ownership of each use.

For all of the reasons outlined herein, we are of the opinion the proposed development sufficiently accords with the Kangaroo Island Council Development Plan to warrant further assessment.

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We look forward to your support to proceed to assess this proposal. Please feel free to contact Maddie Dobbin, in the first instance, on 8333 7999 if you have any questions.

Yours sincerely

Marcus Rolfe FPIA CPP Madeleine Dobbin MPIA Managing Director Planner

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Ref: 2016-0297

21 November 2016 Suite 12 154 Fullarton Road ROSE PARK SA 5067

Mr Aaron Wilksch 08 8333 7999 www.urps.com.au Manager Development and Environmental Services ABN 55 640 546 010 Kangaroo Island Council PO Box 121 KINGSCOTE SA 5223

Dear Aaron

Addendum to Statement of Support for a land division at Lot 105 Muston Road, Muston

On behalf of our client, Mr Roger Hartley, this letter confirms acceptance of the applicant to enter into a Land Management Agreement (LMA) with Council for development application 520/D012/16.

The LMA will ensure:

1. No new internal fencing is constructed along the new boundary; and

2. No further land division of the newly created titles will occur.

As requested, we will prepare the LMA on behalf of Roger and the Council. We will submit the draft LMA at the time the Statement of Effect is lodged.

Please feel free to contact me on 8333 7999 if you have any questions.

Yours sincerely

Madeleine Dobbin MPIA Planner

shaping great communities

Our Ref: EM/AJC 30 June 2017

The Secretary Development Assessment Commission GPO Box 1815 ADELAIDE SA 5001

Dear Sir/Madam,

PROPOSED DEVELOPMENT APPLICATION: PELICAN LAGOON DEVELOPMENT NUMBER: 520/D012/16

SA Power Networks registered easement marked A over land in this proposal provides tenure for our existing 33KV overhead power line. Buildings or structures are not permitted to be erected on this easement. It would seem, however, that the proposed allotments are large enough to site buildings without encroaching on the easement.

Our records indicate that there is also a 19KV overhead power line located on land in this proposal for which there is no registered easement. This infrastructure is protected by a statutory easement pursuant to Schedule 1 Paragraph 2 of the Electricity Corporations (Restructuring and Disposal) Act 1999. A statutory easement is of undefined width and enables SA Power Networks to enter the land and maintain and upgrade the existing equipment.

Regulations 81 and 82 of the Electricity (General) Regulations 2012 stipulate the requirements and distances that are to be kept between buildings and structures and both overhead and underground powerlines. The developer should be made aware of these regulations if it is proposed to erect buildings or structures near the powerlines. Any enquiries should be directed to the Office of the Technical Regulator (telephone: 8226 5500).

Should you require any further information on this matter please contact me.

Yours sincerely

Angela Clark Easement Manager Email: [email protected]

Easement Branch SA Power Networks ABN 13 332 330 749 a partnership of: Spark Infrastructure SA GPO Box 77, Adelaide SA 5001 (No.1) Pty Ltd ABN 54 091 142 380, Spark Infrastructure SA (No.2) Pty Ltd ABN 19 091 1 Anzac Highway, Keswick SA 5035 143 038, Spark Infrastructure SA (No.3) Pty Ltd ABN 50 091 142 362, each incorporated www.sapowernetworks.com.au in Australia. CKI Utilities Development Limited ABN 65 090 718 880, PAI Utilities Development Limited ABN 82 090 718 951, each incorporated in The Bahamas.

To: Biljana Prokic

From: Alice Everitt, Native Vegetation Management Unit, DEWNR

Re: DA 520/D012/16 subdivision of Allotment 105 in D12638, Muston Road, Pelican Lagoon KI

Date: 6/12/2016

______

The Native Vegetation Council (NVC) does not object to the proposed subdivision. However the NVC suggests some minor adjustments to the proposed boundary to minimise the potential for native vegetation clearance for a new fence line under the Native Vegetation Regulations 2003 (the Regulations).

The proposed boundary is reasonably placed to avoid the need for clearance for new access roads to the buildings onsite. However it puts the coastal shrub land vegetation between the access roads at risk of clearance for a new fence line and further clearance on either side of the fence under the Regulations, potentially resulting in a strip of up to 10m of clearance. The NVC suggests that the new boundary in the eastern section be more closely aligned with the access road to proposed allotment 20, up to the main bend in the access road.

The NVC does not support the division of intact remnant vegetation. While there appears to be native vegetation throughout the site, there is a distinction between the remnant coastal shrub lands and mallee in the north, and a more degraded area in the south. The western section of the proposed boundary should avoid cutting through remnant vegetation (coastal shrub land/mallee), and be placed at least 5m from remnant vegetation (or at least within more degraded vegetation) so as to protect that remnant vegetation from clearance for a new fence line.

Any future proposal to clear native vegetation, including change in land use or additional buildings requires the approval of the NVC unless subject to an exemption under the Native Vegetation Regulations.

Yours Sincerely,

Alice Everitt

Native Vegetation Management Unit

[email protected] 8207 7715

Ref: CPB/159/16 6 December 2016 DEWNR Contact Officer: Alison Turner P: 81244891 E: [email protected] Development Planner www.environment.sa.gov.au Development Assessment Commission ADELAIDE SA

Via EDALA

Dear Sir/Madam

Development Application No 520/D012/16 Applicant R Hartley Description Non-complying land division – one allotment into two – Coastal Conservation Zone Location Lot 105 Muston Road Pelican Lagoon Council Kangaroo Island Council

I refer to the above development application forwarded to the Coast Protection Board (the Board) in accordance with Section 37 of the Development Act 1993. The planning authority is required to have regard to the Board’s comments in making a decision on this proposal as per Schedule 8 of the Development Regulations 2008.

The response is provided under delegated authority for the Board, in compliance with the policies within its Policy Document 2012 at: http://www.environment.sa.gov.au/about-us/boards-and- committees/Coast_Protection_Board/Policies_strategic_plans

More information on coastal development assessment and planning policy is contained in the Coastal Planning Information Package at:

http://www.environment.sa.gov.au/our-places/coasts

Proposal

The subject allotment contains an existing dwelling and an existing tourist accommodation development. The proposal seeks to divide the allotment into two allotments so as to create individual titles for each of the building developments.

The proposed development is located in the Coastal Conservation Zone of the Kangaroo Island Development Plan (Consolidated 20 February 2014).

The zone promotes the protection of Kangaroo Island’s scenic landscapes and areas of conservation significance as evident in the Desired Character Statement and Development Plan provisions.

The Board has previously commented on development impacting on this allotment via DA 520/064/2010 which was lodged and referred to the Board originally, apparently, as a “dwelling” although at some point a change of land use (or proposal) has resulted in an established tourist accommodation development. Details around this have not been able to be confirmed by the Board at the time of writing this report. The Board recommended refusal of that development application as it understood it would lead to fragmentation of the allotment and additional development pressures within this sensitive coastal landform. The proposal was subsequently approved by Council.

Issues

Coast Protection Board Policy

As per the Coast Protection Board’s Policy Document 2002, the Board seeks to:

 retain coastal open space  minimise impacts of development on the coast  maintain compact coastal settlements and restrain development ‘sprawl’ along the coastline  protect scenic amenity  protect coastal biodiversity  minimise or stop development in areas subject to coastal hazards  minimise future environmental protection costs  minimise future protection costs by ensuring new development satisfies the Board's flooding and erosion policies  conserve developed coastal areas for land uses that require a coastal location.

The Board’s policies are generally reflected in Council’s Development Plan.

Orderly development

Coast Protection Board Policy 1.5 (a) states: “The Coast Protection Board opposes linear or scattered coastal development, with the exception of tourist accommodation development or that which has a significant public or environmental benefit, as per Policy 1.6”

(*Amended policy - Board meeting 29/07/16 Item 10)

Coast Protection Board Policy 1.5 (b) states: “The Coast Protection Board opposes development, including land division, which is subject to coastal hazards or will impact on areas of significance”

Coast Protection Board Policy 1.5 (d) states: “The Coast Protection Board opposes land division that increases the number of allotments abutting the coast, except where the subdivision is an orderly development of existing developed areas or concentrated into appropriately chosen nodes.

The proposed land division increased the number of allotments in the coastal conservation zone, and as such represents scattered coastal development. Nor does the proposed development provide for significant public or environmental benefit. The Board cannot support additional development pressures in this particularly sensitive coastal conservation region and hence the proposed development is at odds with Coast Protection Board Policy 1.5 (a). The proposed development is over land which is subject to an erosion and sand drift hazard as described under Flooding and Erosion.

Further, it does impact on an area of conservation significance by increasing the number of allotments within the coastal conservation zone. This in itself is “development” and additionally, it is of a type which typically facilitates additional development, on the premise that there will two separate owners (as envisaged by the applicant) over the land. There will be little to dissuade either of the owners of these proposed two allotments to seek further development approvals, for either dwellings or tourist accommodation, and there can be no guarantees that such additional development will not occur, whereas the current arrangement of one allotment at least reduces the prospects of additional development consents by a considerable amount given the current developments on the allotment.

The proposed development is at odds with Coast Protection Board Policy 1.5 (b).

With regards to Policy 1.5(c), the Board’s perspective is that the subject site is coastal land and it is adjacent to other coastal land. The location of a road through the subject coastal land has little bearing on this, and the Board notes that the road is also within the Coastal Conservation Zone. The Board’s perspective is thus that the proposed development creates an additional allotment abutting coastal land, and it cannot be supported as it is contrary to this policy.

The Board encourages development to be clustered along the coast within existing developed areas or appropriately chosen nodes, in order to minimise the “development footprint” upon coastal lands, and in some cases to facilitate more effective management of areas subject to coastal hazards. The Board strongly discourages development that adds to incremental sprawl and which has the potential to detract from the overall appeal of the natural coastline. The proposed development cannot be considered an orderly development of an existing developed area, nor is it an appropriate node for an increase in allotments (it is a non-complying form of development and within a Coastal Conservation Zone), which further places it at odds with Coast Protection Board Policy 1.5 (c).

Flooding and Erosion

Coast Protection Board Policy 1.5 (b) states: “The Coast Protection Board opposes development, including land division, which is subject to coastal hazards or will impact on areas of significance”

The Board’s flooding and erosion policies are reflected in the Council Wide principles contained within Council’s Development Plan. This land is well elevated and is considered to satisfy the Board’s coastal flooding hazard risk policies.

The coastline fronting this development site is located within the protected Pelican Lagoon wetland system which consists of low gradient sand and silty intertidal mud flats seaward of Muston Road and backed by sand dunes. The existing tourism accommodation development is located within an extensive sand drift hazard area.

The proposed land division will not of itself impact on the sand dune system or be at risk of sand destabilisation, however the proposed land division may facilitate further development within the subject site as discussed above, which in turn may impact on landform stability and/or result in development being subject to sand drift hazard. Increased aridity, a predicted consequence of global warming in this region, may further exacerbate this issue.

Landscape Amenity The Board has a duty to protect sensitive coastal environments and ensure that incremental development does not detract from the aesthetic appearance of the coast.

In this regard, Coast Protection Board Policy 1.4 (e) states: “The Board will seek to ensure that the siting and design of development on the coast minimises its impact on the environment, heritage and visual amenity of the coast.”

CPB Policy 5.2 (a) states that: “The Board opposes development that has significant visual impact on coastlines with significant landscape value [in doing so the Board will have regard to both the visual impact from the land and from the sea].”

A concern of the Board regarding the development of the dwelling / tourist accommodation subject of 520/064/2010 was that the building would be visible from the Mt Thisby (Prospect Hill) lookout. Views from this lookout are of significant value from an historical and tourism perspective and it provides the best viewing experience of this section of the Dudley Peninsula coastline, overlooking spectacular headlands of Pennington Bay and the Pelican Lagoon Wetland System. It is a major focal point for local, national and international visitors to Kangaroo Island. Incremental impacts from scattered development significantly detract from the natural coastal vista.

Once again the Board is concerned that the proposed land division can be seen as a facilitator of additional development, and in this regard it is at odds with Coast Protection Board Policies 1.4 (e) and 5.2 (a).

Native Vegetation and Coastal Biodiversity

Coast Protection Board Policy 1.4 (e) states: “The Board will seek to ensure that the siting and design of development on the coast minimises its impact on the environment, heritage and visual amenity of the coast.”

A concern of the Board in relation to 520/064/2010 for the construction of the dwelling / tourist accommodation was that the development would involve increased disturbance to coastal vegetation with the formalization of a track to the development site. This has proven to be the case when comparing the two aerial images below, one from immediately before the construction of the subject development and a current image as per Google Earth. Subject allotment prior to construction of the tourist accommodation (image circa 2009) Subject allotment after construction of the tourist accommodation (image 2016). The proposed land division may facilitate the erection of additional property boundary fencing and/or vegetation clearance in association with that, both of which are detrimental to native vegetation and coastal biodiversity values.

The applicant places considerable stock on the alignment of the land division being such that it minimises impacts on the denser remnant coastal vegetation, i.e. that it largely follows the separation between the denser vegetation and the sparser vegetation zone of the coastal sand drift hazard area. This is acknowledged however it does not mitigate the fundamental issue that two allotments as proposed will separate the vegetation that exists throughout the subject title and that fragmentation of the land via two separate ownerships is generally detrimental to conservation values.

Kangaroo Island Coastal Lands Assessment Project (DEH, KI NRM)

The Kangaroo Island (KI) Coastal Lands Assessment, a project undertaken by the Department for Environment and Heritage in conjunction with the KI Natural Resource Management Board has been completed earlier this year and delivered to key stakeholders, including the Island’s Council.

The Coastal Lands Assessment utilised methods developed by DEH's Coastal Management Branch for other areas of the State’s coastline to summarise combined conservation assets and environmental threats to the coastline of Kangaroo Island.

The main objectives of the project were to:

 Conduct a systematic assessment of the biodiversity values and conservation status of the coastal zone of Kangaroo Island  Identify locations likely to be impacted upon by threatening processes  Prioritise coastal management issues  Contribute information to strategic and local planning by KI Council and Planning SA  Identify opportunities for biodiversity information to have a greater influence on planning decisions affecting the coastal zone.

The Coastal Lands Assessment Project Technical Report (Achurch and Royal, 2009) detailing the methods and data used to undertake the assessment, has been made available to KI Council along with a CD ROM containing an ARC GIS interactive map application. This application includes the data layers to enable exploration of the data at broad-scale, regional and more detailed, site-specific levels showing conservation and threat values and other information. This assessment will be used as a decision support tool for planners and managers to assist in strategic and integrated assessment of coastal development applications (Nov 2009 KI NRM project brief).

In terms of the project outcomes, the Prospect Hill cell within which this land is located has been ranked highly (11 out of 65 coastal study cells) in terms of there being a high threat to the conservation values of the area. The area was ranked highly in terms of overall threats to conservation value with respect to the main threats to the Prospect Hill coastal study area, including vegetation block degradation and land use, which included the extent of land and volume of allotments held in private ownership (i.e. potential for development pressure).

Other general comments

The applicant’s case for the land division is largely driven by personal circumstances, with the current owners indicating they are or will be having difficulties in running the tourist accommodation enterprise, due to age presumably. The applicant states that the two existing developments, being the dwelling and the tourist accommodation, are completely independent of each other and do not rely on each other in a functional sense. This is put forward as a reason to favourably view the development proposal.

The Board’s view is that this independent arrangement can equally be viewed as a reason to not support the proposal, as there is no impediment to having the tourist accommodation enterprise managed by an off-site manager. It will allow the continuation of the existing tourist accommodation enterprise with no impact on the ordinary use of the dwelling by the existing (or future) owners, further noting the two buildings are some distance apart. Alternatively of course the current owners are free to sell the property as it stands and move to a property more suited to their needs.

It is acknowledged that the tourism accommodation has already been developed and that this application only serves to separate the two structures from one another so that the tourism venture can be on sold. However, the development application 520/064/10 for the dwelling / tourist accommodation argued its case for support by claiming that that the development was for tourism accommodation only and did not involve land division.

At the time, the Board was concerned that such a development could facilitate further intensification via creation of another allotment in sensitive coastal land, and this is now being attempted through the subject development application.

Coast Protection Board Response

The Coast Protection Board recommends that the application be refused as it is considered to be at variance to Coast Protection Board policies with regard to orderly development, creation of new allotments in coastal areas, and the protection of sensitive coastal landscapes and vegetation. It also has the potential to perpetuate the issue of incremental intensification of development within this sensitive coastal landscape. These issues are detailed within the report.

Yours sincerely

Senior Coastal Planner Coast and River Murray Unit Conservation and Land Management Branch Department of Environment, Water and Natural Resources

Delegate for the Coast Protection Board Contact Planning Services Telephone 7109 7016

13 December 2016

Mr Andrew Boardman Chief Executive Officer Kangaroo Island Council PO Box 121 KINGSCOTE SA 5223

Dear Sir

Re: Proposed Development Application No. 520/D012/16 (ID 56006) by Roger Hartley

Further to my letter dated 28 October 2016 and to assist the Council in reaching a decision on this application, copies of the reports received by the Commission from agencies that it has consulted have been uploaded for your consideration.

Should Council decide to approve this application, the following requirements of the Development Assessment Commission must be included as a condition of approval, pursuant to Section 33 (1) (c) of the Development Act.

1.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.

SA Water Corporation has no requirements pursuant to the Development Act,

Council’s particular attention is drawn to the comments by DEWNR – Native Vegetation Council, DEWNR – Coast Protection Board and SA Power Networks for this application.

The Commission does not generally support non-complying land division applications without adequate and detailed justification.

Should Council decide to approve this proposal as a non-complying land division, all relevant details pertaining to the application will need to be sent to the Development Assessment Commission for concurrence purposes. You are referred to Section 35 (3) of the Development Act 1993 and Regulation25 (b) of the Development Regulations 2008 with respect to the details required.

Yours faithfully

Brett Miller TEAM LEADER – PLANNING SERVICES as delegate of the DEVELOPMENT ASSESSMENT COMMISSION Q:\PLANNINGSERVICES\TEMPLATES\STATEMENTS\ELECTRONIC\TFF2R edala 30/06/2017 SARRLetter20161117154910.htm

SA Water Level 6, 250 Victoria Square 17 November 2016 ADELAIDE SA 5000 Ph (08) 7424 1119 Inquiries TONY PANNUNZIO Our Ref: H0052071 Telephone 7424 1243 The Chairman Development Assessment Commission 136 North Terrace ADELAIDE SA 5000 Dear Sir/Madam PROPOSED LAND DIVISION APPLICATION NO: 520/D012/16 AT PELICAN LAGOON In response to the abovementioned proposal, I advise that this Corporation has no requirements pursuant to Section 33 of the Development Act. NO DIRECT WATER OR SEWER AVAILABLE Yours faithfully TONY PANNUNZIO for MANAGER LAND DEVELOPMENT & CONNECTIONS

file:///J:/Kanagroo%20Island%20LD/SARRLetter20161117154910.htm 1/1

ITEM 8.3

APPLICATION NO. 520/064/10

DEVELOPMENT DETAILS Tourist Accommodation Unit within the Coastal Zone.

Applicant Mr. R. Hartley 15 Grand View Ave. Urrbrae SA 5064

Owner Mr. R. Hartley 15 Grand View Ave. Urrbrae SA 5064

Site Address Lot 105 DP12638, Hog Bay and Muston Roads, Hundred of Dudley.

Property Details Certificate of Title (CT) Volume 5282 Folio 685

Zone Coastal Zone, Map KI/14

Public Notification Category 2, ‘on merit’ Development. One representations received.

Application Date 04 May 2010

Relevant Development Plan Consolidated 28 May 2009

Recommendation Approve.

Department Development Services

Author / Assessing Officer Aaron Wilksch, Senior Planning Officer. 8553 4541

Issues Summary Development within Coastal zone in area identified for its environmental and landscape value.

Objection response received from Coast Protection Board.

Development is accessory to existing dwelling, is unobtrusively sited from both coastal and inland aspects in a clear and accessible site. Initial objections from DTEI (Transport SA) and CFS have been resolved.

SUBJECT LAND AND LOCALITY

The subject land is identified as Lot 105 DP12638 in the Hundred of Dudley, identified in Certificate of Title Volume 5282 Folio 685. The land is situated on the northern side of Hog Bay Road and west of Muston Road almost opposite to Prospect Hill. The land is sandy, well elevated above sea level, having steep escarpment to the Muston Road / Pelican Lagoon (eastern) aspect, the land it also well vegetated generally with some open and slightly denuded areas.

The land abuts other Coastal zoned land to the north, south and east aspects and adjoins General Farming Zoned land to the west.

The land currently contains an existing dwelling in the northern side of the land, which is served by a meandering driveway, accessing Muston Road in the flatter portion of the land.

The subject land is contained wholly within the Coastal Zone as delineated in Map KI/5 and Map KI(BPA)/4 of the Kangaroo Island Development Plan, and is identified on the following maps & Images:

Zone Map, Kangaroo Island Development Plan, Consolidated 28 May 2009. Aerial Image, Nature Maps www.naturemaps.sa.gov.au, locality plan.

Aerial Image, Nature Maps www.naturemaps.sa.gov.au, detailed enlargement.

PROPOSAL

The proposal seeks Development Plan consent for the construction of a single storey, three bedroom tourist accommodation unit (with under main roof garage), dimensioned 31.2 metres length x 13.7 metres depth (dimensions inclusive of deck / courtyard areas to the north-eastern and south-western aspects), the building exhibits a low profile curved roof reaching a maximum height of 3.5 metres above natural ground level. The proposed building is to be situated some 115 metres from the nearest part of the northern-eastern (coastal) boundary, 410 metres from the northern side property boundary, 380 metres from the western boundary and some 315 metres from the southern property boundary. The proposed tourist accommodation unit is situated some 390 metres south-east of the existing dwelling.

The proposed building is to be finished in a composite of materials and finishes including corrugated colourbond ‘pale grey’ external wall cladding and colourbond ‘green’ roof sheeting and trims, with feature stone sections of wall.

The proposal initially proposed its vehicular access along an existing cleared passage to meet Hog Bay Road nearby the Prospect Hill car park, however this has been amended to provide vehicular access to Muston Road.

The development application plans and supporting documentation are included in Attachment A.

DETERMINATION OF APPLICATION, PUBLIC NOTIFICATION & OTHER STATUTORY REQUIREMENTS.

Development Classification: The Kangaroo Island Development Plan, Consolidated 28 May 2009, Map KI/14 indicates that the subject land is contained wholly within the Coastal Zone. The proposed development is described by the applicant as a holiday house, the nature of the proposed development for the purpose of assessment is determined to be tourist accommodation, ancillary to the existing dwelling on the site, which is utilised by the owners on a private basis.

Schedule 1 of the Development Regulations does not define either ‘holiday House’ or ‘tourist accommodation’. The proposal is accurately interpreted to be tourist accommodation which accords the terminology used in the Kangaroo Island Development Plan.

The proposed development is situated greater than 100 metres from any of its property boundaries and accordingly, is determined to be an ‘on merit’ development in accordance with principle 44 (non-complying list) of the Coastal Zone, i.e. Tourist Accommodation defined by ** (double asterisk)

Categorisation: The proposed development is determined to constitute a Category 2 form of development in accordance with Principle 46 of the Kangaroo Island Development Plan.

Regulation 32 (6) details that where inconsistency exists between categorisation of a development within the relevant development plan and Schedule 9 of the Regulations, then categorisation prescribed by the relevant development plan will prevail.

Public Notification: The application was placed on Category 2 public notification between 5 May 2010 and 24 May 2010, with one representation being received.

The representation essentially raises the issue of visual obtrusiveness of the tourist accommodation building, citing that the building will be visible from many of the points across Pelican Lagoon that the building itself aspires to be able to view, and additionally it will be readily visible from the Prospect Hill lookout, which does provide an unusual scenario, not regularly encountered where a public lookout towers above the landscape generally. In this respect the building would if approved rely upon its colours and finishes as well as shadowing and articulation to best disguise itself from view.

The building is of low enough profile that it will remain quite innocuous to view from other dwellings in the locality, and whilst portions of rooflines are often visible in such environments, they are usually not obtrusive or create a focal point that detracts from the surrounding natural landscape.

A copy of the Category 2 representation is also included in Attachment B.

REFERRALS AND AGENCY CONSULTATION: Mandatory referrals were undertaken in accordance with the Eighth schedule of the Development Regulations 2008 with the application being referred to the SA Coast Protection Board (CPB), SA Country Fire Service (CFS) and Department of Transport Energy and Infrastructure (DTEI).

Initial responses did not support the application on a number of levels, including road access, visual amenity & impact upon the coastal scenic value and fire safety, the applicant was afforded opportunity to liaise with the agencies between mid 2010 and October 2010, allowing many of the issues to be resolved. Responses were provided as follows:

SA Country Fire Service: Initially provided recommendation on 8 June 2010 recommending refusal based principally upon deficiencies in information on the plans and difficulty to accurately assess the proposed site of the building, its access etc. Subsequently, the applicant provided amended plans and further detail to support the application plans, including revised vehicular access / egress, proposed vegetation & site management to achieve a lower bushfire attack level (BAL) and development of a ‘bushfire survival plan’ in respect of managing guests safety.

CFS resultantly provided a revised response on 25 October 2010 and provided no objection to the proposal having now generally satisfied all of the agency’s standard requirements.

Department of Transport, Energy and Infrastructure (DTEI): Provided response on 27 May 2010, and essentially did not support the application on the basis that establishing the proposed access to Hog Bay Road, was at odds with DTEI policy to minimise the number of direct vehicular access points to arterial roads.

The applicants revision of plans acknowledged the Department’s advice and adjusted all vehicular access to Muston Road. The existing gate to Hog Bay Road is maintained, and represents a potential for CFS access and egress in the event of a bushfire.

In respect of the amended plans the response from DTEI has become redundant.

SA Coast Protection Board: Though incorrectly assessing the application as being a ‘Non-Complying’ development under the relevant development plan, the Board recommends refusal of the application based upon the grounds that:  the proposed building is to be sited on a coastal dune system, which may be subject to erosion through sand drift  That the development will be highly visible, particularly from Prospect Hill, which is at odds with the board’s policies on visual amenity,  Disorderly nature of development insofar that it contributes to linear development along the coast.  And that the creation of driveways will require clearance of native vegetation.

The proposal purports the siting of the tourist accommodation upon an open portion of the land. The native vegetation immediately surrounding the building site, including leucopogon, abundant orthrosanthus multiflorus (morning flag / native iris) and some coastal mallee species, acacia (wattle) and boobialla, are a testament to the stability of the soil generally, and shows no obvious signs of erosion, even on the steep eastern escarpment.

The proposed building will be quite innocuous from the coast, including land opposite to the east in the pelican lagoon area and offshore, mitigating any profound influence upon the scenic value of the area.

The development will be visible from the Prospect Hill lookout, this is the case for many of the otherwise concealed buildings in the Muston area, which has progressively developed to become an informal extension of American River, and accordingly the matter of linear development along the coast here is already very much established.

Mandatory referral responses are contained within Attachment C.

DEVELOPMENT PLAN & POLICY

Whilst the application initially received negative comment from the referred state agencies he proposal is presented to the Panel due to the refusal recommendation from SA Coast Protection Board, and the single Category 2 representation, both objections having focus on coastal amenity issues.

The following Objectives and Principles of Development Control (PDC) of the Kangaroo Island Development Plan – Consolidated 28 May 2009, are considered relevant to the assessment of this application.

Strategic Aims and Vision Objective: 10

Form of Development Objective: 17, Principle of Development Control (PDC): 2

Appearance of Land and Buildings Objective: 28 PDC’s: 5, 6, 7, 8, 9, 11, 14, 20

Conservation – General, Coastal Areas & Conservation – Environmental Protection Objectives: 60, 68, 82 PDC’s: 223, 257, Coastal Zone Objectives: 1, 8 PDC’s: 1, 12, 13, 14, 21, 23, 28, 29

Bushfire Protection Objective: 41

Utilities PDC’s: 58, 61, 62, 63, 64

Land Use Provisions – Residential Development Objectives: 45, 46 PDC’s: 78, 86, 88, 93, 95, 96, 97

PLANNING ASSESSMENT

Strategic Aims and Vision

CW Objective 10: To maintain and protect the spectacular coastal scenery, vistas and scenic outlooks and surrounding marine areas.

The proposed development seeks to establish a new tourist accommodation building which will be used in conjunction with an existing detached dwelling used as the landowners private residence. The land is at the interface of a large permanent sand dune system existing roughly between the eastern and western extremes of Pennington Bay and northern extent of Prospect hill and the beginning of Muston, the dune environment is apparent on the south side of Prospect Hill.

Generally the land becomes more stable and consistently vegetated further to the north where it is less exposed to the weather conditions of the south coast.

The proposed building, in terms of its siting, is not dissimilar to other existing dwellings in the locality, in fact being in a more open portion of the land and requiring far less native vegetation removal that other buildings in the area.

The building is sited on an elevated, slightly plateau in the land, where the landscape continues to rise, to the south east of the proposed building site, to approximately 10 metres higher than the building site, which mitigates concern of sky-lining. The building may be visible to other coastal outlooks, but due to material colours and remaining vegetation between the proposed building and the escarpment fronting Muston Road, the building should remain quite unobtrusive.

The site could potentially offer alternative sites with, which would be slightly less visible, but themselves not affording any views. The site while partially exposed fo view of the building, is considered to be acceptable, particularly given its open nature and requirement to clear minimal area for the development.

Form of Development

CW Objective 17: Orderly and economic development.

New housing, holiday accommodation and other urban development resulting from increased tourist activity in the towns and townships should be contiguous with, and form compact extensions of, the existing built-up areas. This will achieve economy in the provision of public services and will be conducive to the creation of a safe, convenient and pleasant environment in which to live.

CW PDC 2: Development should be orderly and economic.

The proposal is considered to be a relatively orderly development in respect of the development lying in relatively close proximity to the township of American River and its services and conveniences, the development lying only 6 km from the township, and forming part of what has become a sparsely interspersed precinct of coastal / semi rural dwellings and holiday homes.

The land is easily accessible via Muston Road within short distance of the sealed Hog Bay Road. The site has access to electricity and telecommunications but cannot access mains water supply or sewerage infrastructure, though the land is large and capable of containing adequate water storage and onsite waste disposal without compromising the overall development in terms of aesthetics, site coverage or vegetation clearance. The development does not purport division of land or development requiring construction of infrastructure to enable the land use to occur, and in this respect the development presents as being economically sound.

Appearance of Land and Buildings

CW Objective 28: The amenity of localities not impaired by the appearance of land, buildings and objects.

CW PDC 5: The appearance of land, buildings and objects should not impair the amenity of the locality in which they are sited.

CW PDC 6: Buildings and other structures should be of a high standard of design with particular emphasis on the external appearance and siting of buildings so as to blend with, preserve and enhance the character and amenity of the locality.

CW PDC 8: Buildings should be sited below ridgetops or prominent points, set well back from watercourses, located to avoid vegetation clearance and landscaped to reduce visual impact. Specifically, the siting, design and construction should not impair the views from vantage points such as the sea, headlands, ridgelines and scenic routes.

CW PDC 11: Buildings and structures should be of a high standard of design with regard to external appearance, building materials, colours, siting, landscaping, and provision for future maintenance, so as to preserve and enhance the appearance and character of the locality.

CW PDC 14: The external materials of a building should: (a) avoid the use of bright and highly reflective materials and finishes; and (b) be of colours that enhance the character of the locality and are unobtrusive; and (c) compliment the landscape and the existing built form, whether that be coastal, rural or urban and minimise any visual intrusion.

The proposal is unlikely to result in any unreasonable or substantial impact upon the locality. The building obtains a good separation distance from its frontage to the coast and Muston Road, and is substantially screened by low to medium height coastal scrubland.

The proposed building will be partially visible from offshore nearby only, in Pelican lagoon and also from land across the lagoon, but will be totally hidden from view from both road frontages. As discussed earlier in this report, the building will be visible from the Prospect Hill lookout.

The proposed building is of low profile, and despite being long and narrow, occupies a relatively small footprint, the shallow curved roof helps to minimise the bulk of the building and the exterior of the building incorporates appropriate materials which are non reflective (colourbond with small elements of stone and timber)with appropriate colours in the range of grey and green, which can amalgamate reasonably well with the prevailing vegetation and its appearance. The building is considered to be of an acceptably high standard of design.

CW PDC 9: Development should be landscaped to enhance the appearance of buildings……. …….and to contribute towards an aesthetically pleasing environment complimentary to the natural character of the locality. Where landscaping is implemented regard should be given to bushfire management. Landscaping should not be intense so as to conflict with policies to maintain fire safety.

Existing native vegetation provides neat established natural landscape screening to the inland aspect, and existing dune crest and dune vegetation provides substantial screening of the proposed development from coastal viewpoints.

CW PDC 7: Buildings and car parking areas should be setback from boundaries, public roads and the coastal reserve and be sited so as not to be obtrusive or obstruct significant views.

The proposed development will establish driveways through scattered vegetation, and will require the clearance of a small amount of native vegetation to form the proposed driveway to Muston Road.

It is considered more appropriate that the existing track be widened to allow two way traffic movement, or alternatively utilise overtaking bays in accordance with CFS Standards / Ministers Code, rather than forge new tracks through coastal vegetation.

Car parking is contained in the under main roof carport and is compact and contiguous with the dwelling’s form.

Driveways and manoeuvring areas are compact and concealed from view by the relatively flat plateau, and medium height vegetation.

CW PDC 20: No building should be erected, added to, or altered on any land so that any portion of such building is erected, added to or altered nearer to the existing boundary of a road than the distances prescribed for each road or portion thereof in Column 2 of Table KI/3. A lesser distance than that prescribed may be appropriate to conform with the predominant set-back of existing development in the locality, or where the dimensions of the allotment preclude complete compliance.

The proposed building is setback some 115 metres from Muston Road, exceeding the prescribed setback for the zone, all other setbacks are in excess of 300 metres from boundaries.

Conservation - General

CW Objective 60: The conservation, preservation, or enhancement, of scenically attractive areas, including land adjoining water or scenic routes. The coast, main tourist roads, and other scenic roads and viewing points are examples of areas that are worthy of protection against unsightly development.....

CW PDC 223: Development which is proposed to be located outside of urban and tourist zones should be sited and designed to not adversely affect: (a) the natural, rural or heritage character of the area; (b) areas of high visual or scenic value; (c) views from the coast, near-shore waters, public reserves, tourist routes and walking trails; or (d) the amenity of public beaches by intruding into undeveloped areas.

The development site is located with a reasonable setback from the coastline and is not visible from Muston or Hog Bay Roads which provide attractive outlooks as scenic tourist routes.

In the case that the proposed building were not so well concealed / obscured from view to either inland or coastal outlooks, or of a more obtrusive design or finish in this environment, it would be more difficult to support, however in consideration of the nature of the development, its scale, and its siting to best ameliorate its visibility from outside the site, it is considered that very little adverse impact is likely to result to the character of the locality.

The existing locality has incrementally developed into a very sparsely developed extension to the south of American River, the existing development in the area is quite innocuous to public view, and in this case will not be prominent to view from most outlooks.

Conservation – Open Space

Objective 82: Manage development in coastal areas to sustain or enhance the natural coastal environment.

The proposed development is located within the Coastal Zone, which contemplates the establishment of tourist accommodation / bed and breakfast type uses are clearly envisaged in appropriate circumstances where impact upon the natural environment is minimised to an acceptable standard, particularly where in conjunction with rural or coastal protection activities, and where design and siting are unobtrusive within the surrounding environment. Such development may essentially exist in the zone where it observes the principal intent of the zone – for conservation of the coastal environment.

Site inspection confirms that a great deal of land management has occurred on the land in the past, including the introduction of mallees and sheoaks in areas that had possibly become degraded , and it is likely that the proposed development, if approved would retain the natural coastal bushland environment, which along with much of the natural bushland in the area, contains substantial number of kangaroos, wallabies and possibly other marsupial wildlife.

The land on the whole is left unaffected by development or any intensive land use or activities, and is essentially retained as native habitat.

Coastal Zone Coastal Zone Objective 1: The preservation and management of coastal land and features, environmentally important natural features, including lakes, wetlands, dunes, stands of native vegetation, wildlife habitat, estuarine areas, exposed cliffs, headlands, hilltops and areas which form an attractive background to urban and tourist developments.

Coastal Zone PDC 1: Development should be compatible with conservation and enhancement of the coastal environment and scenic beauty of the zone.

The proposed development is unlikely to contribute intensive human activities that may result in degradation of the lands coastal frontage, dunes and vegetated areas. The proposal is not at odds with preservation of the existing natural environment, the proposal utilises an existing open portions of land on the site and requires little further alteration for fire safety clearance to accord the direction of the CFS.

Human activities relative to the use of the tourist accommodation are unlikely to detrimentally affect the coastal environment or undermine the principal purpose of the zone, for coastal protection, the intensity of human activity associated with tourist accommodation is broadly considered to be far lower, and management of the site far higher than what would normally be expected for private dwellings.

Coastal Zone Objective 8: Development which will not require now, or in the future, public expenditure on protection of the development or the environment.

The coastal environment is a fixed resource which is sensitive to increased exposure to the touring public. Tourism plays an important role in Kangaroo Island's economy and the tourist attraction provided by the natural environment, coastal scenery and abundant wildlife is significant. Visitor numbers are expected to grow which will inevitably require an expansion of the Island's infrastructure, particularly accommodation and recreational facilities. The provision of such facilities should be subservient to the coastal environment and be carefully planned to avoid despoliation of the natural features, landscape and wilderness habitats associated with the coast. The objectives of the Coastal Zone do not seek to encroach on existing use rights of farmers.

The proposed development is an entirely private interest, sited wholly upon private land, there does not appear to be any risk of requiring public expenditure now or into the future to protect the development site or the environment as a result of the development taking place. Though the Coast Protection Board response contains a disclaimer on risk of inundation, the land is well elevated at between 10 and 20 metres above sea level, and is unlikely to be subjected to coastal inundation.

Coastal Zone PDC 12: Development should not be undertaken unless the appearance and character of land in the zone within view from the foreshore is retained.

Coastal Zone PDC 13: Development should not detract from the natural features, scenic qualities, landscape qualities and amenity of the locality.

Coastal Zone PDC 21: Buildings or structures should be unobtrusively located, limited to a height of 6.5 metres above natural ground level, and be of such size and design, including materials and colours, to harmonise and blend naturally with the landscape of the zone.

Coastal Zone PDC 23: Development should not be located on prominent sites or open land. Where land is in view from the coast or coastal road, the most unobtrusive portion of the allotment should be used, preferably where existing vegetation will substantially screen the development. Substantial tree planting schemes should be undertaken to screen any exposed views of the development.

The proposed development will have minimal effects on the environment by virtue of the proposed development being low profile (well below the height limit of 6.5 metres applied in this zone), of design, finish and siting that will remain fairly innocuous within the surrounding natural environment, as well as generally according the character of the locality in terms of its built development, consistency of setback / siting and general retention of natural environment.

As already discussed at length in this report, the building is relatively well concealed from public view and is considered unlikely to interfere with the natural landscape qualities of the area.

Coastal Zone PDC 14: Land used for the erection of buildings should be stable.

Coastal Zone PDC 29: Development should not be undertaken where there is a risk of flooding, erosion or sand drift or in locations where such hazards could be induced.

The development site appears to be quite stable and consolidated, and is well elevated above sea level. The land does not exhibit any signs of erosion or sand drift, the land is in the order of 10 to 20 metres above sea level.

Coastal Zone PDC 28: Buildings and structures should not be prominently located on cliffs, headlands, or similar visually exposed locations and be set-back 100 metres from the coastal reserve.

As previously mentioned in this report, the building is situated in a partially concealed area, utilising existing vegetation to the benefit of disguising the building. The setback to the setback to the coastal reserve is in excess of the prescribed 100 metres.

Bushfire Protection

Objective 41: Development should minimise the threat and impact of bushfires on life and property while protecting the natural and rural character.

The Country Fire Service Development Assessment Unit’s response to Council’s referral indicates that adequate fire safety can be achieved, and minimal clearance of vegetation is required for safety purposes.

CFS DAU raise no objection to the proposed development in light of the further detail that has been compiled by the applicant for the proposal.

Utilities

CW PDC 58: New dwellings not readily capable of connection to a reticulated water supply should provide rainwater storage tanks with a total capacity not less than 45,000 litres.

CW PDC 61: Development should not be undertaken unless effluent and other wastes can be effectively disposed of on-site without risk to public health or damage to the environment. CW PDC 62: Collection, treatment and disposal of effluent generated from the development should be designed to ensure that no effluent is discharged into the watertable, watercourses, or adjacent marine waters.

CW PDC 63: Waste water treated to satisfy the South Australian Health Commission Guidelines.

CW PDC 64: Stormwater collection should be designed where practicable, to harvest and use water for irrigation purposes, ensuring that pollutants are not discharged into the watertable, watercourses, or adjacent marine waters.

The application details rain water tanks providing domestic water supply to the building, being situated south of the building. Fire water supply is nominated at 30,000 litres, and anecdotally the domestic water supply tanks shown appear to represent 60,000 litres capacity, given that actual domestic water supply volume is not indicated on the plans, it is appropriate to apply the standard condition for a minimum water supply of 45,000 litres.

Adequate area exists upon the site for the installation of an appropriate waste water treatment and disposal system, without necessitating any further vegetation clearance or land form modification. It is highly likely that an aerobic waste treatment system with surface irrigation disposal would have a lesser impact upon the landscape and the native vegetation than a conventional septic tank and soakage system, it is also likely that an aerobic waste treatment system would be the appropriate installation in respect of the prevailing sandy soils and proximity to the coast and the relevant requirements of the Public & Environmental Health Act. Accordingly, an aerobic waste system with surface irrigation should be provided for by a condition of consent applied to approval if granted.

Any stormwater overflow can be appropriately discharged within the property boundary ensuring no nuisance, inconvenience or erosion occurs to land or adjoining property.

CONCLUSION

The proposed development is considered to reasonably accord the Kangaroo Island Development Plan generally for the establishment of small scale tourist accommodation activities within the Coastal Zone, however adverse response from the SA Coast Protection Board, to which the Panel must have regard in assessing the application, raises concern of risk to coastal features and impediment to coastal amenity.

The application selects an existing cleared site that represents an appropriate development site in terms of minimising impact upon intact native vegetation, and being reasonably well screened with native vegetation to ensure the building is not obtusely prominent.

The aesthetic character of the area is not dissimilar to what is being established in this development.

Native vegetation clearance should be minimised and in this respect, the additional new driveway to Muston Road is less palatable than if the development were to rely on the existing driveway, which should be applied as a condition to the consent on the basis that construction of an additional driveway is at odds with the intent of the Development Plan to minimise clearance of remnant native vegetation, particularly in coastal environments.

The proposed tourist accommodation building’s built form and appearance will integrate into the environment in such a way that is quite unobtrusive, It should also be applied as a condition that the specific colour selections for the building’s external materials be provided to and approved by Council prior to Development Approval being issued, to ensure that the buildings appearance is designed to integrate within the environment to Council’s satisfaction.

The proposed building will inevitably be visible from the lookout at the top of Prospect Hill, which provides an exceptional lookout over much of the north and east end of Kangaroo Island, the position of the building, its colour scheme and generally compact nature mitigate there concerns somewhat.

The proposal is not considered to be at ‘seriously variance’ with the Development Plan, and whilst finely balanced, and is at odds with some of the matters raised by both the Coast Protection Board and the Category 2 representation, the proposed development is considered demonstrate adequate merit against the Kangaroo Island Development Plan to warrant approval

RECOMMENDATION

The Development Assessment Panel resolve (i) that the development application is not seriously at variance with the Kangaroo Island Development Plan consolidated 28 May 2009, and (ii) the panel resolve to Grant Development Plan Consent to Mr. R. Hartley, for Development Application No 520/064/10, for ‘tourist accommodation’, at Lot 105 DP12638, Hundred of Dudley, subject to (but not limited) to the following Conditions of Consent:

1. The Development herein approved must, except as varied by the conditions of consent, and shall be carried out in accordance with the approved plans and details to the satisfaction of Council.

2. The building shall not be used for any purpose other than that described on this notification.

3. All existing trees and shrubs shall be retained (other than those required to be removed for access, building and fire safety purposes) and be adequately protected during building operations and retained in their natural state on completion of the building work.

4. Prior to commencement of the development a schedule of external colours must be submitted to Council and approved by Council.

5. Water storage facilities with a minimum capacity of 45,000 litres must be provided for the development.

6. All excess stormwater from roofed buildings, sealed areas and tank overflows shall be discharged within the allotment boundaries so that no erosion, nuisance or inconvenience will occur off-site. 7. The development shall be connected to an approved onsite Aerobic type wastewater treatment system utilising surface irrigation so as to negate removal of native vegetation for soakage trenching.

8. Parking areas, internal driveways and manoeuvring areas shall comply with Australian Standard 2890.1 and shall be suitably delineated.

9. Where cut and/or fill in excess of 300mm is required as a result of the proposed development, retaining walls or other suitable soil retention devices shall be employed.

10. The applicant shall ensure that vehicular access is obtained via the existing driveway access from Muston Road, and said access shall be constructed in accordance with the CFS requirements and the Ministers Code 2009 – Undertaking Development in Bushfire Protection Areas. Reason: Council do not support the further clearance of native vegetation for construction of a new driveway from the Road Frontage.

Note - Unless no approval is required, other signs must not be constructed or displayed without the approval of the relevant authority.

Note - Building work must not be commenced until Provisional Building Rules Consent and Development Approval is granted.

Note - Class 1-9 Notifications - Regulation 74

A person undertaking building work (Class 1-9) must give Council one business day notice of the following:

(1) The commencement of building work eg:

The placement of concrete into any footing excavation; or

The placement of stumps and bearers

(2) The intended completion of the wall and roof frame excluding internal linings.

(3) The completion of building work.