Attachment 1 Development Plan Provisions

ATTACHMENT 1

DEVELOPMENT PLAN PROVISIONS

McLaren’s Wharf Policy Area 44

OBJECTIVES

1 Mixed tourism, retail, office, recreational, educational and residential development of diverse character which capitalises on its access to the waterfront.

2 Conserve and adaptively re-use buildings of heritage significance.

3 Development that contributes to the desired character of the policy area.

DESIRED CHARACTER

The policy area will be the cornerstone identity of the Port Adelaide Waterfront, comprising an appealing location and a gateway leading people to the Port Adelaide River. The termination of Commercial Street at the Waterfront, Lighthouse Square, will be the focus of the policy area, with tourism activities, markets and small scale retailing located around the Square.

Buildings to the east of Nelson Street will be of a mixed use nature, and of a height, scale and architectural form that reinforce the waterfront character and protect and respect the historic character of development in adjacent policy areas.

Buildings developed along the waterfront will create strong visual links back to St Vincent Street and the core of the heritage centre beyond. Buildings and spaces will be sympathetic in scale and form with the rich architectural heritage of existing buildings in and adjacent to the policy area.

Buildings adjacent to Lighthouse Square will contain mixed uses, and be of a height, scale and architectural form that reinforce and emphasise the policy area as a focus for activity in Port Adelaide. These buildings will be landmark buildings of high architectural design and greater scale and intensity to form the focus of the policy area.

Waterfront activity will complement and regenerate activity within the Port Adelaide Centre whilst contributing to the vitality of adjacent developments including the Douglas Mawson TAFE.

Buildings throughout the precinct will provide a continuous built form to all major thoroughfares and create strong visual links to the rich architectural heritage of the adjacent State Heritage Area and individual heritage places.

An integrated transport network for this area will involve both public and private transport. A high degree of pedestrian activity and amenity will occur throughout the policy area with particular focus on the waterfront promenade. Pedestrian activity will be encouraged to link with adjoining policy areas. Off street parking areas including multi-level decks accessed from Nile Street will support traders and visitors.

Public car parking areas will be provided within the TAFE site adjacent to Nile Street and on land to the south-west of Wharf Shed 1, either in the form of attractively landscaped open car parks or as covered car parking within two and three storey buildings, with building elevations designed to disguise the car parking function within. Street frontages to any car parking facilities to the east of Nelson Street will have active land uses to reinforce the level of tourist and pedestrian activity.

Envisaged land-uses in the policy area include a range of tourism development, recreation and education uses as well as residential accommodation that overlooks the Port Adelaide River. Expansion of civic and community facilities from adjacent policy areas are also suitable.

The development of marinas and restaurants, cafes and other tourism and public recreational uses in appropriately designed structures on the Port Adelaide River and projecting from the waterfront is encouraged, provided it does not interfere with harbour activities.

PRINCIPLES OF DEVELOPMENT CONTROL

1 The following forms of development are envisaged in the policy area:

▪ affordable housing ▪ art/craft complex ▪ art gallery ▪ civic facility ▪ dwelling ▪ fish market ▪ hotel ▪ marina ▪ maritime museum ▪ office ▪ public place ▪ recreation area ▪ residential flat building ▪ restaurant ▪ shop ▪ tertiary institution ▪ tourist accommodation ▪ tourist development.

4 Development should not be undertaken unless it is consistent with the desired character for the policy area.

5 Development should be consistent with Concept Plan Map PAdE/36 - McLaren’s Wharf Policy Area.

6 Development overlooking the Port Adelaide River should include medium density to high density residential development.

7 Development along the waterfront and abutting Nelson Street, Nile Street and Lighthouse Square should incorporate buildings with heights in accordance with Concept Plan Map PAdE/36 - McLaren’s Wharf Policy Area.

8 Development should provide adequate landscaping within each site, and landscaped public spaces where appropriate. At the waterfront, a durable paved, carefully detailed, continuous and well finished public promenade should be provided. Particular care should be taken to ensure that the landscape interface between this area and the adjoining Historic Conservation Area is compatible with the heritage value of that policy area.

Regional Centre Zone

OBJECTIVES

1 A centre representing the primary focus for business and commercial services for the region, outside the central business district of Adelaide, providing a full range of shopping, administrative, cultural, community, entertainment, education, religious and recreational facilities, and public and private office development.

2 Development of a visually and functionally cohesive and integrated regional centre.

3 A more intense optimal use of vacant and under-utilised land, buildings and the inner harbour of the Port Adelaide River.

4 A centre accommodating a range of medium rise residential development including medium to high density in conjunction with non residential development.

5 The further development of tourism, cultural and recreational facilities related to Port Adelaide's unique maritime and commercial heritage and character, and promotion of the zone as a major State tourism destination.

6 The conservation and enhancement of items and areas of significance to the zone's unique maritime and commercial heritage, townscape, waterscape and landscape character.

7 The reinforcement of those parts of the zone which have distinctive and valued architectural and townscape characters with compatibly designed new buildings, where their scale, height, mass, setbacks and materials enhance the character of the zone.

8 The temporary use of vacant or under-developed land which is not likely to be the subject of long term development in the short term.

9 The improvement of the zone’s image and amenity through:

(a) upgrading and landscaping of public streets and spaces

(b) reduction of conflicts between incompatible activities

10 The rehabilitation of blighted and underutilised waterfront land.

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

DESIRED CHARACTER

Port Adelaide was South Australia’s first commercial Port. The zone captures and celebrates this history while embracing new ideas, innovation and development and supporting a vibrant, creative and sustainable community.

The heritage of the Port Adelaide Centre will be valued in its revitalisation, focusing on active main streets, waterfront promenades and the Port Adelaide River.

The centre will be an easily accessible regional centre within metropolitan Adelaide offering lively cafes, shops and pubs together with residential, commercial, tourism, cultural and leisure activities providing rich and rewarding experiences.

Investment in commercial enterprise and residential activity will provide an attractive opportunity to live, work and play in a unique environment.

Additionally, development will be cognisant that Port Adelaide and its surrounding region comprises of a number of key habitats including the Adelaide Dolphin Sanctuary, the Barker Inlet and the St Kilda Wetlands.

Residential development will be cognisant of existing non residential land uses within the zone and the proximity of major industries in the nearby zones. Residential development in this zone may require appropriate separation distances, building design and other measures to ensure compatibility with existing non residential land uses.

Development including landmark buildings will be designed to carefully manage the interface with heritage buildings, particularly with regard to massing proportions; overshadowing, scale and appearance. Development will also be cognisant of the overall variation in heights and perceived heights of adjacent buildings and structures, not just solely as a measurement of the number of storeys but also in their design and context.

It is acknowledged that land in the zone is at risk of coastal flooding and this risk will increase in the event of future sea level rise due to climate change. Through careful design, opportunities to mitigate such risks as part of future development should be explored.

The centre will be a collection of pedestrian friendly and inspirational spaces to explore, savour and enjoy, allowing locals and visitors alike to soak up the unique atmosphere, a melting pot of historic quality and new found confidence.

Development envisaged with street frontages will create an interesting pedestrian environment at the ground floor levels through careful building articulation, fenestration, frequent openings in building facades, verandas, balconies, awnings and other features that provide weather protection. An ‘Inner Harbour Ring Route’, illustrated within relevant concept plan maps, in the form of an accessible, continuous and connected off-road path, will be shared by pedestrians and cyclists allowing them to safely travel along the waterfront. The off-road path will connect to surrounding bicycle routes, residential areas, shops, schools, train stations, transport hubs, museums, markets and other tourist attractions.

A strategic approach to the centre’s future will energise the area and facilitate iconic development on key sites that support economic and residential growth.

The Port Adelaide Centre will:

(a) celebrate the waterfront, with the centre actively connecting with the Port Adelaide River

(b) feature enhanced city streets, with green space, trees and street furniture

(d) promote the Port’s history, with the history of the area brought alive to frame a modern, progressive city

(e) provide a welcome for visitors, and a family friendly destination providing a range of experiences

(f) facilitate coming and going, as an easily accessible centre and tourist destination

(g) ensure a city for people, with promenades and streets for people to stroll, pause and enjoy.

PRINCIPLES OF DEVELOPMENT CONTROL

1 The following forms of development are envisaged in the zone within suitable policy areas:

▪ affordable housing ▪ bank ▪ child care centre ▪ civic centre ▪ coastal protection works ▪ community centre ▪ consulting room ▪ department store ▪ dwelling in conjunction with non-residential development ▪ educational establishment ▪ emergency services facility ▪ entertainment facility ▪ hospital ▪ hotel ▪ indoor games centre ▪ library ▪ motel ▪ motor repair station ▪ office ▪ place of worship ▪ playing field ▪ pre-school ▪ residential flat building in conjunction with non-residential development ▪ restaurant ▪ shop ▪ special event ▪ supermarket ▪ swimming pool ▪ tourist accommodation.

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

3 Development should occur in accordance with the following concept plan maps:

(h) Concept Plan Map PAdE/36 - McLaren’s Wharf Policy Area

4 Development should be located, staged and designed such that vacant or under utilised land and buildings are redeveloped or reused for more appropriate uses.

5 Land adjacent to the Port Adelaide River not required for port or shipping activities should be progressively redeveloped for a range of the following uses where consistent with the intent for each policy area:

(a) community uses

(b) medium and higher density residential uses

(d) tourism

(e) office

(f) retail.

6 Tourist development should be primarily situated adjacent to, and on the Port Adelaide River and associated public promenade within the following policy areas:

(g) McLaren’s Wharf Policy Area 44

7 Residential accommodation at medium and higher densities should be encouraged within suitable parts of the zone and especially adjacent to the Port Adelaide River and within those policy areas which encourage such development.

8 Development should be compatible with and reinforce the rich, historical and highly urbanised townscapes within the zone.

9 Development within the areas for ‘Townscape Conservation’ shown on Concept Plan Map PAdE/28 - Port Adelaide Townscape and Waterfront Development Areas should conserve and enhance the existing 19th and early 20th century building forms.

10 Landscaping and vegetation should achieve a balance between the use of indigenous and exotic plants and trees.

11 Buildings should not exceed the number of storeys as indicated on the following relevant concept plan maps:

(h) Concept Plan Map PAdE/36 - McLaren’s Wharf Policy Area

Council Wide Provisions

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 and port activities from inappropriate development.

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

4 Management of development in coastal areas to sustain or enhance the remaining natural coastal environment.

PRINCIPLES OF DEVELOPMENT CONTROL

Environmental Protection 5 Development should be designed so that solid/fluid wastes and stormwater runoff is disposed of in a manner that will not cause pollution or other detrimental impacts on the marine and on-shore environment of coastal areas.

Heritage Places

OBJECTIVES

6 Conservation of the setting of State and Local Heritage Places.

PRINCIPLES OF DEVELOPMENT CONTROL

7 Development that materially affects the context within which the heritage place is situated should be compatible with the heritage place. It is not necessary to replicate historic detailing, however design elements that should be compatible include, but are not limited to:

(a) scale and bulk

(b) width of frontage

(d) proportion, form and composition of design elements such as rooflines, openings, fencing and landscaping

(e) colour and texture of external materials.

8 Development of a State or Local Heritage Place, or development on land adjacent to a State or Local Heritage Place should conserve, maintain, enhance and reinforce the historic character of individual buildings and/or the existing streetscape character by exhibiting architectural and roof- form designs, street frontage widths, front and side boundary set-backs, materials, colours, fences and landscape settings which complement and give prominence to historic buildings or their detailing, and should have regard to the provisions of design guidelines in Table PAdE/3 - Conservation Design Guidelines.

Interface between Land Uses

OBJECTIVES

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

2 Protect community health and amenity from adverse impacts of development.

PRINCIPLES OF DEVELOPMENT CONTROL

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

2 Development should be sited and designed to minimise negative impacts on existing and potential future land uses desired in the locality.

Air Quality

11 Development with the potential to emit harmful or nuisance-generating air pollution should incorporate air pollution control measures to prevent harm to human health or unreasonable interference with the amenity of sensitive uses within the locality.

Landscaping, Fences and Walls

OBJECTIVES

1 The amenity of land and development enhanced with appropriate planting and other landscaping works, using locally indigenous plant species where possible.

PRINCIPLES OF DEVELOPMENT CONTROL

1 Development should incorporate open space and landscaping and minimise hard paved surfaces in order to:

(a) complement built form and reduce the visual impact of larger buildings (eg taller and broader plantings against taller and bulkier building components)

(b) enhance the appearance of road frontages

(d) minimise maintenance and watering requirements

(e) enhance and define outdoor spaces, including car parking areas

(f) maximise shade and shelter

(g) assist in climate control within and around buildings

(h) minimise heat absorption and reflection

(i) maintain privacy

(j) maximise stormwater re-use

(k) complement existing vegetation, including native vegetation

(l) contribute to the viability of ecosystems and species

(m) promote water and biodiversity conservation

(n) establish buffers to adjacent development and areas.

2 Landscaping should:

(a) include the planting of locally indigenous species where appropriate

(b) be oriented towards the street frontage

3 Landscaping should:

(a) provide low to medium shrub planting with a maximum height of 1 metre, or taller trees, the stems of which are not obscured by foliage below 1.8 metres in height

(b) avoid vegetation which obscures paths, building entrances and exits, or windows

(c) incorporate shrubs which are appropriately spaced to avoid clumping and retain lines of sight and opportunities for surveillance

(d) avoiding dense planting in corners and behind walls to reduce opportunities for concealment

(e) incorporate vegetation with repelling characteristics such as thorns, spikes or nettles to deter access to ground-floor windows or other areas that need to be protected

(f) give consideration to the mature height and spread of landscaping in order to preserve the lines of sight of pedestrian and cyclist pathways

(g) incorporate low maintenance vegetation to promote an area as occupied and well maintained.

SITE PHOTOS

Looking towards eastern entrance

Looking west along southern wall

Eastern entrance looking south

North‐eastern corner of building

Long shot from northern side of river looking south (Quest apartments to the right of shed)

North‐western corner of shed

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Registrar-General Certificate of Title - Volume 6104 Folio 108 Parent Title(s) CT 5204/226 Dealing(s) RTC 11836133 Creating Title Title Issued 10/12/2012 Edition 1 Edition Issued 10/12/2012 Estate Type FEE SIMPLE Registered Proprietor URBAN RENEWAL AUTHORITY OF LEVEL 9 (WEST) RIVERSIDE CENTRE NORTH TERRACE ADELAIDE SA 5000 Description of Land ALLOTMENT 22 DEPOSITED PLAN 88720 IN THE AREA NAMED PORT ADELAIDE OUT OF HUNDREDS (ADELAIDE) AND HUNDRED OF PORT ADELAIDE Easements SUBJECT TO EASEMENT(S) OVER THE LAND MARKED N AND P (RTC 11836133) SUBJECT TO SERVICE EASEMENT(S) OVER THE LAND MARKED Q FOR DRAINAGE PURPOSES TO THE COUNCIL FOR THE AREA (223LG RPA) Schedule of Dealings NIL Notations Dealings Affecting Title NIL Priority Notices NIL Notations on Plan

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NIL Registrar-General's Notes APPROVED FX39778 Administrative Interests CONFIRMED IN SA HERITAGE REGISTER 04/03/1993 PROPERTY IN A STATE HERITAGE AREA 29/04/1982 * Denotes the dealing has been re-lodged.

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Registrar-General Certificate of Title - Volume 6162 Folio 67 Parent Title(s) CT 5585/354 Dealing(s) RTC 12355151 Creating Title Title Issued 27/08/2015 Edition 1 Edition Issued 27/08/2015 Estate Type FEE SIMPLE Registered Proprietor FISHERMEN'S WHARF MARKETS PTY. LTD. (ACN: 057 037 662) OF LEVEL 1/193 WEST TERRACE ADELAIDE SA 5000 Description of Land ALLOTMENT 202 DEPOSITED PLAN 110276 IN THE AREA NAMED PORT ADELAIDE HUNDRED OF PORT ADELAIDE Easements SUBJECT TO EASEMENT(S) OVER THE LAND MARKED A ON D110276 TO MINISTER FOR INFRASTRUCTURE (LAND GRANT VOL.2549 FOLIO 186) SUBJECT TO EASEMENT(S) OVER THE LAND MARKED L ON D110276 (RTC 12355151) SUBJECT TO FREE AND UNRESTRICTED RIGHT(S) OF WAY OVER THE LAND MARKED D ON D110276 SUBJECT TO FREE AND UNRESTRICTED RIGHT(S) OF WAY OVER THE LAND MARKED K ON D110276 (RTC 12355151) SUBJECT TO SERVICE EASEMENT(S) OVER THE LAND MARKED H ON D110276 FOR WATER SUPPLY PURPOSES TO SOUTH AUSTRALIAN WATER CORPORATION (223LG RPA) SUBJECT TO SERVICE EASEMENT(S) OVER THE LAND MARKED N ON D110276 FOR DRAINAGE PURPOSES TO THE COUNCIL FOR THE AREA (223LG RPA) Schedule of Dealings Dealing Number Description 11616738 MORTGAGE TO COMMONWEALTH BANK OF AUSTRALIA

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Registrar-General Certificate of Title - Volume 5445 Folio 53 Parent Title(s) CT 5309/335 Dealing(s) RTC 8300520 Creating Title Title Issued 26/08/1997 Edition 3 Edition Issued 18/04/2012 Estate Type FEE SIMPLE Registered Proprietor URBAN RENEWAL AUTHORITY OF LEVEL 9 (WEST) RIVERSIDE CENTRE NORTH TERRACE ADELAIDE SA 5000 Description of Land ALLOTMENT COMPRISING PIECES 106 AND 107 DEPOSITED PLAN 47838 IN THE AREA NAMED PORT ADELAIDE HUNDRED OF PORT ADELAIDE Easements SUBJECT TO EASEMENT(S) OVER THE LAND MARKED D TO THE ETSA CORPORATION (TG 7964178) Schedule of Dealings NIL Notations Dealings Affecting Title NIL Priority Notices NIL Notations on Plan NIL

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STATE HERITAGE UNIT Ref: SH/13252 D Conservation and Land Management Branch Date: 30 September 2016 Strategy and Advice Directorate Ms Cathryn Longdon Level 9 Secretary 81-91 Waymouth Street Development Assessment Commission Adelaide SA 5000 GPO Box 1047 GPO Box 1815 Adelaide SA 5001 ADELAIDE SA 5001 Australia DX138 Attention: Leif Burdon Ph: +61 8 8124 4960 Fax: +61 8 8124 4980 www.environment.sa.gov.au

Dear Mr Burdon

DESCRIPTION: DEMOLITION OF EXISTING STRUCTURE (FISHERMEN'S WHARF MARKET) - NELSON STREET, PORT ADELAIDE

Application number: 040/W038/16 Referral received: 18/08/2016 State heritage place: SH/13252—Port Adelaide State Heritage Area, Port Adelaide Precinct PORT ADELAIDE SH/14348—Birkenhead Bridge [Metal Double Bascule], BIRKENHEAD SH/10313—Former South Neptune Island (originally Port Adelaide) Lighthouse, Black Diamond Square PORT ADELAIDE

The above application has been referred to the Minister for Sustainability, Environment and Conservation in accordance with Section 37 of the Development Act 1993 as development that directly affects a State heritage place or, in the opinion of the relevant authority, materially affects the context within which a State heritage place is situated.

The subject shed is located immediately to the north of the Port Adelaide State Heritage Area. In close proximity to the east is the former South Neptune Island/Port Adelaide Lighthouse and to the west is the Birkenhead Bridge, both of which are State heritage places.

The following description of the shed is extracted from a Heritage Assessment Report prepared by Swanbury Penglase Architects (August 2016). The Fishermen’s Wharf Market Building (formerly known as Cargo Shed No. 1) is a large open plan shed built by the South Australian Harbors Board in 1953 for the purpose of accommodating ship cargo in transit at Port Adelaide. It is a steel-framed, pitched roof structure with a concrete floor that slopes gently up from the waterfront to form a raised platform on the southern (landward) side. The level difference was to facilitate at grade loading from trains and trucks. Over this platform extends an apron of the roof. The shed has timber girts and purlins, a ‘Fibrolite’ asbestos roof and galvanised iron siding. Along its length runs a continuous louvred roof vent that provides both natural light and ventilation. When completed, Cargo Shed No. 1 was the largest transit shed in Port Adelaide – albeit a short lived title – and it was reported to be one the best of its kind in Australia. The shed originally measured 175 metres long (576 feet) by 33.5 metres wide (110 feet) in a clear span. It had a wall height of 5.8 metres (19 feet) and a ridge height of 13.2 metres (43.3 feet). At the Shed’s western end was a brick annex with a flat roof, which accommodated offices and amenities. With a later 1980s redevelopment to a museum, the shed’s length was shortened at its eastern end by approximately 30metres. The shed was again modified in 1994 for use as a market. This phase saw the amenities block demolished and the installation of internal mezzanines and externally, roofed balconies were added to the east and west sides. Glazed entries were also added to the east, south and north facades.

The Fishermen’s Wharf Market shed was considered for potential State heritage listing by the South Australian Heritage Council on 7 September 2016. The Council found that it did not meet any of the criteria for entry in the South Australian Heritage Register as a State heritage place.

The proposed development is considered to be acceptable in relation to the above State heritage places for the following reason/s.  The proposed demolition does not directly affect the physical fabric of either State heritage place or the Port Adelaide State Heritage Area.  The proposed demolition will alter the visual context of the two State heritage places and the Port Adelaide State Heritage Area, but without any adverse impact on their heritage context.  The Fishermen’s Wharf Market shed itself is not considered to be of State heritage significance.  The proposed demolition is not considered to have any adverse impact on the heritage values of the Port Adelaide State Heritage Area, which lie in its embodiment of the architectural and historical significance of South Australia’s most substantial and continuous grouping of colonial buildings, many of which have direct associations with Port Adelaide’s function as the State’s major port.  The proposed demolition is not considered to have any adverse impact on the heritage values of the Birkenhead Bridge. The Heritage Conservation Management Plan, Birkenhead Bridge, Port Adelaide (McDougall and Vines, 2000) identifies the bridge as “…an important visual element in the Port River environment”, an attribute that will not be diminished by the loss of the shed.  The proposed demolition is not considered to have any adverse impact on the heritage values of the former South Neptune Island/Port Adelaide Lighthouse. The removal of the shed will not diminish the visual presence of the lighthouse. In addition, the lighthouse has no intrinsic historical or functional association with its present location. It was originally erected at the mouth of the Port River in 1869 before being moved to South Neptune Island in 1901. Its association with the Port River was recognised in its 1986 non-functional relocation to its present site, but the site itself does not add to the lighthouse’s historical significance.

Further advice

The following further advice is provided for the Development Assessment Commission’s information.

Advisory note 1: At its 7 September 2016 meeting, the South Australian Heritage Council (SAHC) concluded that, although the Fishermen’s Wharf Market shed failed to meet any of the criteria for State heritage listing, it may be of local heritage significance. The SAHC has subsequently written to the Port Adelaide Enfield Council recommending that they might consider it for local listing.

General notes 1. Any changes to the proposal for which planning consent is sought or granted may give rise to heritage impacts requiring further consultation with the Department of Environment, Water and Natural Resources, or an additional referral to the Minister for Sustainability, Environment and Conservation. Such changes would include for example (a) an application to vary the planning consent, or (b) Building Rules documentation that incorporates differences from the proposal as documented in the planning application. 2. In accordance with Regulation 43 of the Development Regulations 2008, please send the Department of Environment, Water and Natural Resources a copy of the Decision Notification. 3

3. The Commission is requested to inform the applicant of the following requirements of the Heritage Places Act 1993. (a) If an archaeological artefact believed to be of heritage significance is encountered during excavation works, disturbance in the vicinity shall cease and the SA Heritage Council shall be notified. (b) Where it is known in advance (or there is reasonable cause to suspect) that significant archaeological artefacts may be encountered, a permit is required prior to commencing excavation works. For further information, contact the Department of Environment, Water and Natural Resources. 4. The Commission is requested to inform the applicant of the following requirements of the Aboriginal Heritage Act 1988. (a) If Aboriginal sites, objects or remains are discovered during excavation works, the Aboriginal Heritage Branch of the Aboriginal Affairs and Reconciliation Division of the Department of the Premier and Cabinet (as delegate of the Minister) should be notified under Section 20 of the Aboriginal Heritage Act 1988.

For any enquiries in relation to this application, I can be contacted on telephone 8124 4935 or e-mail [email protected].

Yours sincerely

Peter Wells Principal Conservation Architect DEPARTMENT OF ENVIRONMENT, WATER AND NATURAL RESOURCES as delegate of the MINISTER FOR SUSTAINABILITY, ENVIRONMENT AND CONSERVATION

08 September 2016

Chairperson Development Assessment Commission GPO Box 1815 ADELAIDE SA 5001

Dear Sir/Madam

Development Application No.: 040/2047/16 Applicant: Fishermen's Wharf Pty Ltd C/- Neville Smith & Co SA Pty Ltd Proposal: Demolition of Fishermen's Wharf Market Building. Subject Land: 10-12 Nelson St PORT ADELAIDE SA 5015 Allotment 201 D 110276 CT Vol 6162 Folio 66

Further to our previous correspondence regarding the above application, for which the Commission is the relevant authority, Council advises that it has considered this matter and provides the following report pursuant to Regulation 38(2) of the Development Act, 1993 to assist the Commission in reaching its decision:

 Council makes the following comments

It is acknowledged that the site is not heritage listed, however Council does consider that the subject building is prominent and has significance in relation to the built form and character of the surrounding area. Council would look favourably on an appropriate adaptive reuse of the building that could assist in the ongoing revitalisation of the Port centre.

If the proposed demolition is approved, it is consider that any future proposals for the site complement the desired character for the surrounding area and assist in the activation of the waterfront.

If you have any queries regarding this matter, please contact Russell Fink on telephone 8405 6858. Council requests an electronic copy of the Decision Notification Form be forwarded to [email protected] to enable Council to keep its records up to date.

Yours faithfully

Russell Fink Team Leader Planning