COUNCIL ASSESSMENT PANEL
NOTICE OF MEETING
TO: Presiding Member: Dr Michael Llewellyn-Smith Members: Mr Mike Canny, Ms Fleur Bowden, Mr Ross Bateup, Mr Nathan Shanks
NOTICE is hereby given that a Meeting of the Town of Gawler Council Assessment Panel will be held in the Conference Room, Town of Gawler Civic Centre, 89-91 Murray Street, Gawler on Wednesday 12 June 2019, commencing at 6.30pm.
A copy of the Agenda for the above meeting is supplied.
…………………………….. Ryan Viney Manager Development, Environment and Regulatory Services 6 June 2019
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For the Meeting of the Town of Gawler Council Assessment Panel to be held on Wednesday 12 June 2019 in the Council Chambers, Town of Gawler Civic Centre, 89-91 Murray Street, Gawler, commencing at 6.30PM.
Welcome and Presiding Member Introductions
1. Attendance Record
1.1 Roll Call 1.2 Apologies 1.3 Leave of Absence
2. Confirmation of Minutes – That the minutes of the Council Assessment Panel Meeting held on Wednesday 8 May 2019 be confirmed as a true and correct record of proceedings.
3. Business Arising from Previous Minutes
4. Declaration of Interest by Members of the Panel
5. Reports: Page No.
5.1 Development Application: 490/19/2019 4 Applicant: P MARSDEN Address: 27 Seventh Street GAWLER SOUTH Nature of Development: Change of Use from Residential and Wedding Ceremony (Maximum of 50 person and 10 Ceremonies on a Friday/Saturday/Sunday per calendar year) and Community Group (Maximum of 25 person and 3 occurrences/groups per calendar year) Venue 5.2 Development Application: 490/102/2019 (490/D007/19) 22 Applicant: DEVINE COMMUNITIES Address: Clark Road EVANSTON GARDENS Nature of Development: Variation to 490/D002/14 and 490/D031/11 comprising of a variation to Stages 15 and 17 (additional 23 allotments) 5.3 Development Application: 490/543/2015 (490/D032/15) 44 Applicant: LIFESTYLE LAND DEVELOPMENTS PTY LTD Address: 228 Gawler One Tree Hill EVANSTON PARK Nature of Development: Land Division (3 Allotments into 71), retaining walls, associated earthworks, future public roads, open space and removal of Ten (10) Regulated Trees and Four (4) Significant Trees
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Information Items:
6.1 Appeal Matters 88 6.2 Matters previously deferred 89
7. Other Business
7.1 Council Assessment Panel Accreditation 90
8. Next Meeting – Wednesday 10 July 2019.
9. Closure
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5. Reports:
DEVELOPMENT APPLICATION OVERVIEW Item Number 5.1 Development Application 490/19/2019 Applicant P MARSDEN Owner V J CLARK & P C MARSDEN Subject Land 27 Seventh Street GAWLER SOUTH 5118 Certificate of Title LOT: 27 PLN: D87132 CT: 6080/779 Description of Development Change of Use from Residential to Residential and Wedding Ceremony (Maximum of 50 persons and 10 Ceremonies on a Monday/Friday/Saturday/Sunday per calendar year) and Community Group (Maximum of 25 Persons and 3 occurrences/groups per calendar year) Venue and alterations to existing boundary fence (increase in height to 1800mm) Zone Residential Historic (Conservation) Zone Policy Area Gawler South Historic (Conservation) Nature of Development Merit Public Notification Category Category 3 Representations Total of 18 – 5 wishing to be heard Referral Agencies Nil Key Issues / Considerations Previous Motion Nil Lodgement Date 15/01/2019 Development Plan 20 February 2019 Attachments Under Separate Attachment 1 - Proposed Plans and Documentation Cover Attachment 2 - Category 3 Representations Attachment 3 - Applicants Response to Representations Attachment 4 - Initial Noise Assessment Attachment 5 - Applicants Correspondence on Noise Assessment Attachment 6 - Secondary Noise Assessment Attachment 7 - Car Parking Assessment Author(s) Development Assessment Planner (Scott Twine) Reviewed Team Leader Development Services (David Bielatowicz) Delegation All Category 2 and Category 3 development applications where a representor wishes to be heard in support of their representation or where planning matters raised by a representation have not been resolved. Recommendation Development Plan Consent be Granted
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1. DESCRIPTION OF PROPOSAL
1.1. The proposal seeks Development Plan Consent for the following:
1.1.1. Change in use from Residential to Residential and Wedding Ceremony and Community Group Venue; and
1.1.2. Alterations to existing boundary fencing to increase height to 1800mm in height.
1.1.3. The parameters of the proposal are provided below:
Table 2: Element Wedding Ceremony Use Community Group Use Days of Potential Operation Monday, Friday, Saturday, Sunday Maximum Attendance 50 persons 25 persons Generally 1.30pm - 5.30pm however limited to day time Hours of Operation hours Maximum Occurrences per 10 3 Calendar Year Duration 2 hours -
Copies of the plans and documentation relating to this application are contained within Attachment 1.
2. BACKGROUND
2.1. The subject property is commonly referred to as ‘corks cottage’ and contains a dwelling constructed in 1875. The site contains an attractive garden setting to the rear of the property, which is proposed to be utilised for commercial purposes.
2.2. The subject application was lodged with Council on the 15 January 2019 as a result of compliance investigations undertaken by Council administration. Investigations were undertaken after it was brought to Council’s attention that the subject use had been operating without a valid Development Authorisation.
2.3. Due to the scale and frequency of the use, the proposal was not considered to fall within the ambit of a ‘home activity’ and as such, constituted development.
2.4. During the course of Council administration investigations, it was noted by the applicant that the use has been occurring on site for approximately 30 years. As the proposed use
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commenced following the implementation of planning controls in the Gawler region (being implemented July 1976), the subject site does not retain existing use rights and a change in use is required in order for the applicant to continue to operate the proposed use. Importantly, there is no statute of limitation for compliance proceedings against an unauthorised use of the land.
2.5. As a result of those discussions and in an attempt to formalise the use, the applicant proceeded to lodge a development application with Council.
2.6. Following an assessment by Council administration the proposal is presented to the panel for consideration.
3. RELEVANT DEVELOPMENT APPLICATION HISTORY
3.1. The subject land has previously obtained approvals for minor ancillary structures and additions and alterations to the existing dwelling. None of the previous consents obtained are of any consequence to the proposed application.
4. LOCALITY
4.1. The locality is primarily residential in nature with small-scaled commercial land uses limited to the road junctions of Seventh Street and First Street. The character of the locality generally consists of low density detached dwellings situated on generous sized allotments. The era of housing ranges from 1860 to more recent infill development.
4.2. The locality is considered to be confined to the following parameters:
4.2.1. First Street;
4.2.2. First Street’s intersection with Seventh Street;
4.2.3. Gawler Terrace; and
4.2.4. Hill Street.
4.3. A locality plan is provided below:
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Residential Historic (Conservation) Zone
Residential Zone
Legend
Subject Land Locality Zone Boundary
5. SUBJECT SITE
5.1. The subject site is located at 27 Seventh Street, Gawler South and is legally recognised as allotment 27 within deposited plan 87132 and Certificate of Title Volume 6080 and Folio 779.
5.2. The site is irregular in shape and has a frontage to Seventh Street of 16.82 metres, with total area of 1,146 m2. The site is relatively flat in nature.
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5.3. The site contains a single storey detached dwelling (being a Contributory Place) and ancillary structures. The site enjoys an attractive landscaped setting, which comprises of no regulated trees.
5.4. The subject site is provided below:
Subject land
Approximate location of ceremonies
5.5. Photographs of the rear of the subject property are provided below:
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6. NATURE OF DEVELOPMENT
6.1. The proposal is not listed as either a complying or non-complying form of development within the Residential Historic (Conservation) Zone nor is the proposal complying by virtue of Schedule 4 of the Development Regulations 2008. Therefore the application represents a merit form of development.
7. CATEGORISATION (PUBLIC NOTIFICATION)
7.1. The application has been advertised pursuant to Section 38 of the Development Act 1993, as a Category 3 form of development. The proposal was not considered to be minor in nature given its scale and context within the Residential Historic (Conservation) Zone and therefore defaulted to Category 3 public notification.
7.2. A summary of the public notification is provided below:
Table 1: Properties notified: 51 properties were notified directly during the public notification process and the public generally. A total of 21 representations were received.
Representations in 18 representations were received. support of application:
Representations 3 representations were received. opposed to application:
Persons wishing to be The following 5 representors identified that they wish to address heard: the Panel:
Address Representor Designated Speaker
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2 Hill Street, Gawler Elizabeth Curnow Andrew/Heidi West South
15 Bella Street, Andrew West Heidi West Gawler East
23 Seventh Street, Leeanne Pilichiewicz Leeanne Pilichiewicz Gawler South
1 Bond Street, Karen Redman Karen Redman Willaston
148 Murray Street, Tony Piccolo Tony Piccolo Gawler
Summary of The issues contained in the representations can be briefly Representations: summarised as follows:
• Opposing concerns:
o Noise;
o Overlooking;
o Hours of operation;
o Compliance should application be approved;
o Impact on residential amenity;
o Traffic safety
o Car parking. • Supporting Comments:
o Aesthetically pleasing;
o Low impact proposal;
o Compliant with Development Plan;
o General support.
7.3. The applicant has provided a response to the representations, which can be summarised as follows:
7.3.1. Disputes concerns raised by objecting representors;
7.3.2. Car parking considered and addressed by Cirqa’s car parking report;
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7.3.3. Unaware that Council approval was required;
7.3.4. Recently obtained independent professional planning advice noting approval was not required – this was disputed by Council planning staff.
7.3.5. Proposal amended to incorporate increasing in fencing height to address overlooking concerns.
A copy of the representations and the applicant’s response is contained in Attachment 2 and 3 respectively.
8. REFERRALS
8.1. Given the nature of the proposal (being that no building works is proposed), no internal referral to Council’s heritage advisor was undertaken during the assessment of the subject application.
8.2. No external referrals were required to be undertaken in accordance with Schedule 8 of the Development Regulations 2008.
9. ASSESSMENT
9.1. The zoning of the land and relevant provisions
9.1.1. The following Town of Gawler Development Plan Objectives and Principles of Development Control (PDC’s) were considered in the assessment of this application:
Table 4: Development Plan 20 April 2018 Zone Residential Historic (Conservation) Zone Policy Area Gawler South Historic (Conservation) Section Objectives Principles of Development Control Council Wide: Appearance of Land, - 8, 9 Buildings and the Public Environment Centres and Shops 5, 8 21 Commercial 9 - Development Community Facilities 10 - Conservation 11, 12 - Form of Development 24, 25 56
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Interface Between Land 42, 43, 44 107, 108, 109, 111, 112, 113, Uses 114, 116 Residential - 232, 278 Transportation and 91 340, 343, 363 Access Transportation - 380, 381, 387 (Movement of People and Goods) Zone: Residential Historic 1, 2, 3 1, 13 (Conservation) Zone Policy Area: Gawler South 1, 2, 3 2
9.2. Appropriateness of land use
9.2.1. Definition of Land Use
9.2.1.1. The proposed use is not a form of development that falls within the ambit of a definition provided within Schedule 1 of the Development Regulations 2008 or within the South Australian planning terminology library Subsequently, the proposal represents an ‘undefined use’ for the purposes of determining the description of the proposal. 9.2.1.2. As the proposal represents two distinct and independent components, the description has been determined to encapsulate these components. Accordingly, the proposal is considered to comprise of the following two elements in addition to the on-going retention of the residential use of the land: 9.2.1.2.1. Wedding Ceremony Venue; and 9.2.1.2.2. Community Group Venue. 9.2.1.3. In essence, the two components comprise of the following: 9.2.1.3.1. Wedding Ceremony Venue – hosting of wedding ceremonies in the rear garden setting. 9.2.1.3.2. Community Group Venue – hosting of small scale community group events within the rear garden setting.
9.2.2. Appropriateness of Land use
9.2.2.1. The Residential Historic (Conservation) Zone seeks primarily to accommodate residential development and for the retention of historic
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character. In addition to residential development, objective 1 of the zone contemplates local facilities that support a healthy and convenient living environment. 9.2.2.2. Additionally, the Policy Area recognises the existence of non-residential land uses stating that a number of land uses are appropriate including, but not limited to: 9.2.2.2.1. Local Services; 9.2.2.2.2. Shops; 9.2.2.2.3. Service Trade Premises; 9.2.2.2.4. Service Industry; and 9.2.2.2.5. Retail Showrooms. 9.2.2.3. Whilst the above land uses are generally desired to be situated within the ‘railway precinct’ located within the western portion of the policy area and adjacent to the Gawler Train Station, the locality the subject of this location does historically contain commercial land uses. A service trade premise and indoor recreation facility (gym) are located on the boarder of the northern locality. Additional commercial uses (consulting rooms and offices) are located on the northern portion of Seventh falling just outside the contemplated locality, with such uses being located in close proximity to the boundary of the Town Centre Historic (conservation) Zone. 9.2.2.4. Although the proposed use is not expressly listed as an appropriate land use by the policy area, the impact (when in operation) on the locality is of a similar nature to the uses listed above. 9.2.2.5. Furthermore, the proposed use is akin to a place of worship by virtue of its wedding ceremony operation. Such a use is commonly and historically located in residential zones being the population in which it serves. The proposed use is therefore considered to fall within the wide ambit of a ‘local service’. 9.2.2.6. Given the subject land will primarily operate as a residential premise with limited and infrequent operation as a wedding ceremony venue and community group venue, the proposal is considered to be an appropriate form of development subject to the amenity impacts resulting from the use been adequately contained. The proposed use is not considered to prejudice the ability of the balance of the zone and policy area to achieve the desired character and as such, does not set an undesirable precedent.
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9.2.2.7. The adaptive reuse of the subject land which contains a ‘contributory item’, is considered to assist in achieving the longevity of the item (dwelling) consistent with CW objective 11 and 12. 9.2.2.8. It is noted that should the panel resolve to Grant Development Plan Consent, that the proposal will be required to satisfy the relevant requirements of the National Construction Code (i.e. provision of amenities). Such considerations are given during the subsequent Building Rules Assessment of the application.
9.3. Interface with adjoining land uses
9.3.1. Noise
9.3.1.1. Due to the nature of the proposal, the use has the potential to give rise to noise attenuation impacts during operational periods. In order to determine the extent and impact of noise on adjoining residential land uses, the applicant was requested to provide noise levels for consideration against the Environment Protection Authorities Noise Policy. 9.3.1.2. Subsequently, the applicant prepared an acoustic assessment to determine the potential impact of the proposed development. A copy of the noise assessment is contained within Attachment 4. 9.3.1.3. Upon consideration of the applicants acoustic assessment, Council raised concerns with the assessment undertaken, which in summary included: 9.3.1.3.1. Apparent inconsistencies with the noise levels obtained being as they range from 39.7dB to 86.3dB; 9.3.1.3.2. The Environment Protection (Noise) Policy 2007 sets an indicative noise factor of 52dB for residential localities during ‘day’ periods; 9.3.1.3.3. Limited nature of recordings being 20 second increments; 9.3.1.3.4. The locations of the recordings provided are not situated adjacent to habitable rooms (rather areas of private open space). To ascertain the true impact on adjoining residential properties, greater consideration of adjoining habitable rooms and true duration of the proposed use should be considered; 9.3.1.3.5. Readings obtained from a third party application and may not be accurate for the purposes of a planning assessment; 9.3.1.4. In light of the above, Council administration encouraged the applicant to obtain an acoustic assessment prepared by a suitably qualified expert. The
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applicant was unwilling to obtain such advice and provided additional correspondence for consideration. The applicants correspondence in response to Council’s request (applicants response being in red) is embedded within Council correspondence to the applicant and is contained within Attachment 5. This response noted: 9.3.1.4.1. Background vehicle noise considered to be cause of higher recorded noise levels; 9.3.1.4.2. Background noise recordings generally exceeded recordings obtained when music from site was in operation; 9.3.1.4.3. The readings were taken inside the fence line of 27 Seventh St, Gawler South, at what was considered to be at the closest point to the habitable rooms of adjacent properties (without accessing those properties) in a direct line from the designated area for the ceremony; 9.3.1.4.4. Additional recordings were obtained at 60 second increments; 9.3.1.4.5. The noise readings provided reinforced the low impact of the proposal. This is considered sufficient justification when considered in conjunction with the low frequency/duration of use. 9.3.1.4.6. A copy of the additional acoustic assessment prepared by the applicant is contained within Attachment 6. 9.3.1.5. Whilst the provision of an acoustic report prepared by a suitably qualified sound engineer would clearly demonstrate whether the proposal complies with the Environment Protection Authorities Noise Policy and by extension CW PDC 107(b), 108 and 112 (and suggest any treatments/measures required in accordance with CW PDC 113 and 114), given the limited nature and infrequency of the proposed event the absence of this detail is not considered to be fatal to the application. 9.3.1.6. Accordingly, it is considered that whilst an expert assessment would unequivocally demonstrate whether the proposal accords with the relevant provisions of the development plan, the proposal (based on the assessment undertaken), is considered to conform to CW PDC 116. This is based on the levels obtained whilst music playing not being 8db louder than the background noise. 9.3.1.7. Similarly, due to the nature and limited/infrequent nature of the proposal, the use is not considered to unreasonably impact upon the amenity of the
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residential locality. The proposal therefore satisfies the intent of CW PDC 107(b) and 112.
9.3.2. Overlooking
9.3.2.1. During the public notification period, two representations were received noting concerns relative to privacy. In response to these concerns, Council administration sought additional clarification from the applicant with respects to the existing height of boundary fencing. 9.3.2.2. The existing boundary fencing of the property varies from 1500mm to 1800mm and as such, provides varying levels of privacy. Given the proposal seeks alter the nature in which the rear private open space area of the subject land is utilised, consideration of overlooking is a pertinent consideration in line with CW PDC 109. 9.3.2.3. To address the concerns of overlooking, the applicant has agreed to increase fencing heights to 1800mm for the portion not obscured by permanent structures (outbuildings). 9.3.2.4. A fencing plan has been prepared by the applicant and is contained within Attachment 1. A reserve matter has been included to provide an elevation of the fencing to Council (inclusive of Council’s Heritage Advisors) satisfaction. An elevation plan is required as all fencing within a Historic (Conservation) Zone requires Development Approval and as such, has been incorporated within the proposal. 9.3.2.5. The increased fencing in conjunction with the existing 1800mm fencing is considered to satisfy CW PDC 109.
9.3.3. Hours/Days of Operation
9.3.3.1. The applicant in their submission to Council has sought for the following: 9.3.3.1.1. Wedding Ceremony Venue operating a maximum of 10 ceremonies per calendar year; 9.3.3.1.2. Community Group Venue operating a maximum of 3 times a year; 9.3.3.1.3. Operating predominately on Saturdays with the ability to function on Monday, Friday and Sunday when desired by clients; 9.3.3.1.4. Hours: Day Hours however generally noted between 1:30pm – 5:30pm; 9.3.3.1.5. Duration: 1-2 hours for wedding ceremonies.
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9.3.3.1.6. The proposed hours of operation generally align with daytime hours and occur predominately on a Saturday. The applicant has sought for the ability to operate wedding ceremonies on a Monday, Friday and Sunday however noted that such ceremonies are infrequent. 9.3.3.1.7. Given the limited frequency and duration of the proposed use, the hours of operation are not considered to be inappropriate provided the associated amenity impacts can be appropriately addressed. 9.3.3.2. The proposal is considered to confirm with CW PDC 107(g).
9.4. Car Parking/Traffic
9.4.1. Car parking
9.4.1.1. Due to the developed nature of the subject land, the applicant is not seeking to provide an onsite source of car parking but will rather be dependent on existing public on-street car parking. 9.4.1.2. Given the undefined nature of the proposed use, Table Ga/1 (car parking requirements) of the Town of Gawler Development Plan does not provide a designated rate for the provision of car parking. Accordingly, the applicant engaged Cirqa traffic consultants to determine if the extent of on street car parking would be appropriate to accommodate the proposed development without resulting in a detrimental impact on the amenity of the locality. A copy of the traffic consultant’s report is contained within Attachment 7. 9.4.1.3. In summary, Cirqa noted the following: 9.4.1.3.1. Seventh Street comprises a single traffic lane in each direction, with an adjacent on-street parallel parking lane on both sides (accommodating in the order of 23 vehicles between Hill Street and Gawler Terrace). 9.4.1.3.2. A rate of one space per three persons is commonly applied to function venues by traffic engineers [for the purposes of determining a car parking demand]. 9.4.1.3.3. it is forecast that a demand of up to 17 parking spaces would be associated with weddings held on the subject site. Given that two vehicles area able to be accommodated on site (one within the garage and one in front, in a stacked configuration), a shortfall of up to 15 parking spaces may be associated with weddings held
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on the subject site. Such spaces would be required to be accommodated on-street within the vicinity of the site. 9.4.1.3.4. Seventh Street (between Hill Street and Gawler Terrace) has capacity to accommodate in the order of 23 parked vehicles. Given that a peak parking demand of four vehicles was identified, it is considered that the maximum shortfall of 15 parking spaces would readily be accommodated on Seventh Street along (i.e. without spilling into surrounding streets) and that additional capacity would remain for neighbouring dwellings. 9.4.1.3.5. Given the additional parking capacity on Seventh Street, the continued use of the site for the hosting of wedding ceremonies is not considered to significantly impact upon parking availability nor on neighbour amenity (particularly given events will be infrequent). 9.4.1.4. Whilst it is generally the desire of the Development Plan for land uses to provide adequate car parking on site, the advice provided by Cirqa demonstrates that despite a shortfall of 15 car parks, sufficient on street parking within the locality exists to accommodate the proposed development. 9.4.1.5. Furthermore, based on the car parking surveys undertaken, the use of such on-street car parking for a maximum of 10 days a year at 2 hour intervals, is not considered to detrimentally effect the amenity of the existing residential locality. The car parking capacity (being 23 car parks) of Seventh Street between Hill Street and Gawler Terrace, will ensure sufficient on street car parking is provided for the balance of properties. Similarly, it is noted that due to the low-density character of the locality, each dwelling situated within the locality generally provides 2-4 on-site car parking spaces. As such, the on street car parking generally exists to accommodate any overspill of car parking demand associated with such uses. 9.4.1.6. Whilst the proposal incurs an on-site car parking shortfall, it has been demonstrated that sufficient car parking exists within the locality to accommodate the proposed development. It is noted that the site is not situated within an area subject to the Town of Gawler car parking fund established in accordance with Section 50A of the Development Act 1993. As such, any shortfall must be considered on its planning merits.
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9.4.1.7. Due to the infrequent nature of the proposed use and extent of existing car parking provided within the locality, the deviation from Council Wide PDC 387 is considered appropriate and justified.
9.4.2. Traffic
9.4.2.1. Whilst the impact of the proposed use was not generally considered within the report prepared by Cirqa Traffic Consultants, the subject land is contained within an established road network. 9.4.2.2. The locality comprises of formalised road intersections at all road intersections within the locality. 9.4.2.3. The proposed use and anticipated generation of 17 car parks will not alter the nature/classification of a road. Furthermore, the designated indented car parking lane will not obstruct the flow of traffic on the adjoining road network. 9.4.2.4. As such, the proposal is considered to satisfy CW PDC 376 and Objective 91.
10. CONCLUSION
10.1. The proposed use due to its limited frequency, duration and intensity is considered to be an appropriate form of ‘local service’ within the Residential Historic (Conservation) Zone.
10.2. Whilst the applicant has not elected to provide a noise impact assessment prepared by a suitably qualified engineer, the proposal is not considered to give rise to an unreasonable noise impact due to its limited and infrequent nature. Similarly, the applicant has demonstrated that overlooking and car parking will be appropriately mitigated and accommodated on the existing street network.
10.3. The proposal will provide for the longevity of the Contributory Place and as such, with building work limited to fencing work located to the rear of the subject land. As such, the proposal will not detrimentally detract from the amenity or character of the locality and warrants the Granting of Development Plan Consent.
11. RECOMMENDATION
It is recommended that the Town of Gawler Council Assessment Panel:
1. That having regard to the relevant provisions of the Gawler (CT) Development Plan, pursuant to Section 33(1) of the Development Act 1993, that the application is not seriously at variance with the Development Plan. 2. That DEVELOPMENT PLAN CONSENT be GRANTED to Development Application 490/19/2019 by P MARSDEN for CHANGE OF USE FROM RESIDENTIAL TO
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RESIDENTIAL AND WEDDING CEREMONY (MAXIMUM OF 50 PERSONS AND 10 CEREMONIES ON A MONDAY/FRIDAY/SATURDAY/SUNDAY PER CALENDAR YEAR) AND COMMUNITY GROUP (MAXIMUM OF 25 PERSONS AND 3 OCCURRENCES/GROUPS PER CALENDAR YEAR) VENUE AND ALTERATIONS TO EXISTING BOUNDARY FENCE (INCREASE IN HEIGHT TO 1800MM) at 27 SEVENTH STREET, GAWLER SOUTH, subject to the following conditions and reserved matter:
Reserved Matter:
(1) The Council Assessment Panel requires the following matter which is reserved pursuant to Section 33(3) of the Development Act 1993 to be addressed to the reasonable satisfaction of Council staff:
• An Elevation Plan shall be prepared demonstrating the detail (colours, materials and height) of the proposed fence alterations.
Development Plan Consent Conditions:
(1) The development hereby approved shall be undertaken in accordance with Development Application No 490/19/2019, the approved plans, details and conditions therein.
REASON: To ensure the development is undertaken in accordance with the approved plans. (2) The wedding venue use hereby approved shall be limited to operation of wedding ceremonies only and no wedding receptions shall be conducted from the subject land unless otherwise approved by Council.
REASON: To ensure the development is undertaken in accordance with the approved plans. (3) The uses hereby approved shall be limited to the following capacities unless otherwise approved by Council:
• Wedding Ceremony Venue/Use: 50 persons; and
• Community Group Venue/Use: 25 persons.
REASON: To ensure the development is undertaken in accordance with the approved plans. (4) The Wedding Ceremony Venue/Use shall be limited to the following days and hours of operation:
• Days: Monday, Friday, Saturday and Sunday.
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• Hours: 10:00am to 7.00pm.
• Duration: not exceeding 2 hours
REASON: To ensure the development is undertaken in accordance with the approved plans and to maintain the amenity of the locality. (5) The Community Group Venue/Use shall be limited to the following hours of operation:
• Hours: 10.00am to 7.00pm
REASON: To ensure the development is undertaken in accordance with the approved plans and to maintain the amenity of the locality. (6) Noise (inclusive of music and amplified sound) emanating from the site shall not unreasonably exceed the provisions of the Environment Protection (Noise) Policy 2007 (or any subsequent noise policy) to the reasonable satisfaction of Council.
REASON: To ensure the proposal does not detrimentally affect the amenity of the locality. (7) The applicant/owner shall inform Council in writing at least one week prior to the hosting of any of the approved uses on site.
REASON: To ensure the development is undertaken in accordance with the proposed limitations and the number of approved occurrences is not exceeded. (8) The hereby approved alterations to the fencing shall be completed in a workmanlike manner to the reasonable satisfaction of Council and prior to the commencement of the additional uses hereby approved.
REASON: To ensure the proposal does not detrimentally affect the amenity of the locality.
Development Plan Consent Advisory Notes: (1) The owner/applicant is advised that a liquor licence is generally required for the supply, sale or consumption of alcohol in South Australia. A separate application with the Consumer and Business Services Department of the Government of South Australia may be required in order to accommodate the supply, sale or consumption of alcohol on site.
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DEVELOPMENT APPLICATION OVERVIEW Item Number 5.2 Development Application 490/102/2019 (490/D007/19) Applicant DEVINE COMMUNITIES Owner A GONIS Subject Land Clark Road EVANSTON GARDENS 5116 Certificate of Title LOT: 5001 PLN: D111634 CT: 6167/593 Description of Development Variation to 490/D002/14 and 490/D031/11 comprising of a variation to Stages 15 and 17 (additional 23 allotments) Zone Residential Zone Policy Area Evanston Gardens / Evanston South / Hillier Policy Area Nature of Development Merit Public Notification Category Category 1 Representations Nil Referral Agencies Environment Protection Authority, State Commission Assessment Panel and SA Water Key Issues / Considerations Consistency with Desired Character Traffic management Stormwater management Provision of public open space Suitability of allotments for intended residential use Previous Motion Nil Lodgement Date 12/03/2019 Development Plan 20 February 2018 Attachments Under Separate Attachment 1 - Proposed Plan of Division Cover Attachment 2 - Previously Approved Plan of Division Attachment 3 - Indicative Dwelling Plans Attachment 4 - Applicants Stormwater Commentary Attachment 5 - Environment Protection Authorities Advice Author(s) Development Assessment Planner (Scott Twine) Reviewed Team Leader Development Services (David Bielatowicz) Delegation d) An application for consent for land division creating 20 or more additional residential allotments. Recommendation Development Plan Consent and Land Division Consent be Granted
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1. DESCRIPTION OF PROPOSAL
1.1. The subject development proposal seeks a Variation to previously approved land divisions 490/D002/14 (Variation to 490/D031/11) and 490/D031/11 (Original Land Division). In summary, the proposed variation comprises of an alteration to previously approved Stages 15 and 17. The proposal includes:
1.2. Creation of 23 additional allotments;
1.3. Removal of three Super/Development Lots;
1.4. Variation to the internal alignment of stage 15 and17;
1.5. Removal of public open space (3,079 square metres) and increase in the size of proposed allotments 1701 and 1702.
A copy of the proposed plan of division is contained within Attachment 1. A copy of the current/previously approve plan of division is contained within Attachment 2.
2. BACKGROUND AND DEVELOPMENT APPLICATION HISTORY
2.1. Rezoning of Southern Areas
2.1.1. In July 2011, approximately 250 hectares of land located within the southern portion of Evanston Gardens and Evanston South was rezoned “Residential” by the Planning Minister following Council’s Development Plan Amendment (DPA); commonly referred to as the “New Southern Urban Areas DPA”. 2.1.2. The land previously zoned “Deferred Urban” was consolidated within the “Residential Zone” of the 14 July 2011 Gawler (CT) Development Plan, within the ‘Evanston Gardens / Evanston South Residential Policy Area 4’. 2.1.3. The intent behind of Councils rezoning of the subject land was considered necessary to increase residential land supply within the Council area and northern Adelaide region; in line with State Government Planning Policy and forecast population growth. 2.1.4. Key objectives within the DPA were to facilitate a new “master planned” community that provided for a diverse range of housing types with community, recreational and commercial facilities to support the increasing population; all of which integrated with areas of open space and public transport (including Tambeline Railway Station). 2.1.5. In order to deliver coordinated and integrated essential services to all of the subject rezoned land as a “regional strategy” (as opposed to individual site); key land
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holders that include Devine Communities, the Town of Gawler, Renewal SA (previously Land Management Corporation) and Lanser Communities executed a number of infrastructure delivery deeds and various agreements. These agreements outlined works associated with regional stormwater infrastructure comprising flood retarding basins, treatment wetlands and Aquifer Surcharge and Recovery (ASR) for stormwater harvesting and reuse. 2.1.6. The Town of Gawler Council, additionally entered into a Capital Works Funding Agreement referred to as the “Housing Affordability Fund (HAF), which was an Australian Federal Government program that provides funding for Local Government to work in conjunction with the private sector. The purpose of the HAF schemes is to reduce associated housing related infrastructure and planning costs with savings being passed onto new home purchasers. 2.1.7. As part of this agreement, Council received funding for the redevelopment of the Evanston Gardens Memorial Hall as a Community Centre and requires that the Council ensures that not less than 1,200 residential lots/dwellings within the subject rezoned area are sold at or less than market value. In accordance with this agreement and the Infrastructure Delivery Deed, the 1,200 required residential lots have been divided into relevant percentages over key land holdings based on the development area.
2.2. Land Division
2.2.1. 490/D036/11 – Original Division 2.2.1.1. Following the rezoning of the subject area, a Land Division application (490/D036/11) was lodged in September 2011 over a 58.98-hectare portion of the land bound within Coventry Road, Gordon Road (unmade), Clark Road and the Adelaide to Gawler rail corridor. 2.2.1.2. The proposed division included the creation of 640 residential lots with the intent to yield in excess of 828 dwellings, through future development of 16 “Medium Density and Super Lot” allotments intended for townhouses, apartment development and alike. The land division proposal comprised of ten (10) “development” stages and included extensive reserve lots for the purposes of public open space, stormwater management (as part of Infrastructure Deed) and associated infrastructure such as roads. 2.2.1.3. In summary, the land division proposed:
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2.2.1.3.1. 624 Torrens Title allotments ranging from 225m2 to 651m2, with road frontages between 7.5 metres to 17.5 metres and 30 metre site depth on average. 2.2.1.3.2. 16 large Torrens Title allotments identified as “super lots” for future development and land division (likely Community Title), to facilitate a range of higher density development such as townhouses (i.e. row dwellings) to apartments. The location medium density and super-lot site have been situated along internal linear open space corridors (with dwellings intended to be orientated towards the park) and areas with intended pedestrian and cyclist movement to larger neighbourhood parks and the Tambelin Railway station. 2.2.1.3.3. Provision of approximately 15.5 hectares (26%) of areas of Public “Open Space” linked through linear parks and smaller local reserve areas though out the site. 2.2.1.3.4. Integrated Stormwater Management through various water bodies inclusive of wetlands (1.2 hectares), with a series of open creek systems and a detention basin (approximately 85,000m3 capacity) as well as aquifer storage and recovery (ASR). as required under the infrastructure deed; 2.2.1.3.5. Proposal to re-use recovered stormwater for the irrigation of public parks and reserves (ie. stormwater collection, treatment and reuse for on-site irrigation); 2.2.1.3.6. A contiguous landscape corridor and buffer along the Adelaide to Gawler railway line, with all dwellings facing the rail corridor; 2.2.1.4. Following assessment by both Council Engineering and Planning departments and external agencies including the Environment Protection Agency, Development Plan Consent was granted to the subject Land Division application in February 2012 (under delegation) subject to 32 Conditions.
2.2.2. 490/D002/14 – Variation to Original Land Division Application 2.2.2.1. Elements of the original approved development where varied by a subsequent application. 2.2.2.2. The variation application comprised of the following:
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2.2.2.2.1. The creation of an additional 24 residential allotments over the subject land (thus increasing allotment yield to include 664 Residential lots - including 30 Medium Density/Super Lots) 2.2.2.2.2. Modify the layout and configuration of allotments, roads and reserves within the southern portion of the subject land. 2.2.2.2.3. Vary a Development Plan Consent Condition (Council condition14) to relate to amended plans, lot numbers and an updated Acoustic Report. 2.2.2.2.4. Vary a Land Division Consent condition previously imposed by the Environment Protection Agency. This occurred due to an updated Council approved Infrastructure Deed that superseded the document conditioned within the previous/original approval. 2.2.2.2.5. Extend the operative period of the original approval from the standard three (3) year period to Seven (7) years from the date of the original approval. 2.2.2.3. The Council Assessment Panel at the April 2014 panel meeting approved the previous variation application.
2.3. Land Management Agreements (LMA’s): 2.3.1. As a result of the original land division application (490/D036/11) two LMA’s were entered into and registered against the subject land’s parent/original Certificate of Title. These Agreements are discussed below.
2.3.2. The South Australian Affordable Housing Trust (SAAHT): 2.3.2.1. The SAAHT required the developer to enter into a separate Land Management Agreement over the subject land in order to deliver 15% of “affordable housing” which would either: 2.3.2.1.1. Offered for sale at or below the ‘price point’ (the General Affordability Indicator) referenced in the Government Gazette (currently $288,000 as at 14 October 2010); and/or 2.3.2.1.2. Offered for sale to ‘eligible buyers’ (i.e. a person who is assessed as being eligible by Housing SA etc.). 2.3.2.2. This requirement is a South Australian State Government requirement separate to the HAF obligations signed with Council, which separately and additionally requires a total of 361 or 30% of dwellings at no greater than the Market Sale Price.
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2.3.3. Acoustic Treatments (Council): 2.3.3.1. Due to the location of the rail corridor and future dwellings proximity to that railway corridor, the applicant/developer agreed to enter into a LMA requiring future dwellings on affected lots to satisfy acoustic requirements. 2.3.3.2. These requirements were investigated by a suitably Qualified Acoustic Engineer and the subsequent requirements required to be addressed are derived from Minister Specification 78B. These requirements in effect impose Construction requirements for the control of external sound, which include but are not limited to insulation with sound reduction properties and double glazed windows. 2.3.3.3. The LMA provides the legal mechanism for Council to secure such works to ensure future residents amenity if not detracted by the existing and close proximity to the Gawler to Adelaide rail corridor. 2.3.3.4. The allotments where the acoustic treatments apply are located outside of the previous stages proposed to be varied. As such, the proposal will not alter the function or contents of the existing agreement.
3. LOCALITY
3.1. The character of the locality is generally residential in nature comprising predominately of low density detached housing with sporadic medium density dwellings adjacent to public reserves, The locality shares an interface with the Gawler to Adelaide rail corridor, with rural land located adjacent to Coventry Road. 3.2. The main characteristics of the locality are as follows:
Table 2:
NORTH - Opposite Clark Road: EAST • Zoned Residential; Low density residential development; predominantly single storey-detached dwellings on 700 – 800 m2 allotments NORTH North Section along section of Coventry Road: WEST - • Zoned Neighbourhood Centre (Evanston Gardens) - future Neighbourhood WEST Centre, proposed on the southern corner of Coventry Road and Angle Vale Road. • Rural allotments, low density detached dwellings, rural outbuildings • Vacant land • Evanston Gardens Community Centre beyond Middle Section within Coventry Road:
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• Zoned “Deferred Urban” • Rural allotments, low density detached dwellings, rural outbuildings • Vacant land Lower Section along Coventry Road: • Zoned Rural • Rural allotments, low density detached dwellings, rural outbuildings EAST – Opposite Rail Corridor: SOUTH • Zoned Residential EAST • Low density residential development, primarily single storey detached dwellings from approximately 1980-1990 • Tambeline Rail Station • Large vacant parcel of land – forms part of Southern Urban Areas DPA land (owned by Renewal SA)
SOUTH Opposite Gordon Road (unmade) • Zoned Rural • Large rural allotments (owned by Renewal SA) • Rural properties beyond
Figure 1:
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4. SUBJECT LAND AND SITE
4.1. The “subject land” includes both the previous land division applications (490/D036/11 and 490/D002/14)) and effectively represents the total developed area of the estate approved as part of the original land division application.
4.2. The land has a frontage of 741.67metres to Coventry Road, 441.3metres to Clark Road, 541.67metres to Gordon Road (an unmade road) and 1,142.19metres along the Adelaide to Gawler Railway line. The subject land has a total area of approximately 58.460 hectares.
4.3. The “subject site” for the purposes of this land division (variation) is located within the northeast portion of the subject land and represents previously approved stages 15 and 17.
4.4. The subject land has frontage to Clark Road of approximately 250 metres and approximately 120 metres with the Gawler to Adelaide Railway Corridor.
4.5. The Subject Site and Subject Land are indicated below:
Figure 2:
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5. NATURE OF DEVELOPMENT
5.1. The proposal is not listed as either a complying or non-complying form of development within the Residential Zone and therefore the application represents a merit form of development.
6. CATEGORISATION (PUBLIC NOTIFICATION)
6.1. The application was not required to be advertised in accordance with Section 38 of the Development Act 1993, as pursuant to Schedule 9 of the Development Regulations 2008, where Clause 5 of Part 1 – Category 1 Development of Schedule 9 of the Development Regulations, 2008 states:
6.1.1 The division of land (including for the construction of a road or thoroughfare) where the land is to be used for a purpose which is, in the opinion of the relevant authority, consistent with the objective of the zone or area under the relevant Development Plan, other than where the division will, in the opinion of the relevant authority, change the nature or function of an existing road.
6.2. The proposed division will not alter the nature or hierarchy of an internal or external road and as such, falls within the ambit of the above.
7. REFERRALS
7.1. The following external referrals were undertaken:
Table 3: Department/Agency Reason Environment Protection The EPA provided advice on the original development application Authority 490/D036/11 for a land division to create 640 allotments from two existing allotments at the subject site. As the original Land Division application created more than 50 residential allotments a referral was required pursuant to Schedule 8 of the Development Regulations 2008.
Comments The EPA is satisfied that the proposed additional allotments would not result in adverse water quality impacts provided the land division is developed as proposed by the applicant and in accordance with the recommended conditions. Those being:
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• The final design of the stormwater management system must be established in accordance with the treatment train stipulated in the letter dated 18 April 2019 from WGA titled "Orleana Waters Development - Stormwater Management and Water Quality Treatment", and must
a. meet the following quality targets:
i. suspended solids (SS) - 80% reduction of the typical urban annual load with no treatment
ii. total phosphorus (TP) - 60% reduction of the typical urban annual load with no treatment
iii. total nitrogen (TN) - 45% reduction of the typical urban annual load with no treatment
b. ensure runoff is maintained at pre-development levels
c. ensure groundwater resources are not impacted
d. Mitigate flood risk.
The previous conditions imposed under the original land division application continue to apply. They include:
• The stormwater infrastructure for this development must be designed and constructed in accordance with the Design Flow Evanston Stormwater timing of works dated 2 December 2011.
• A Soil Erosion and Drainage Management Plan (SEDMP) must be prepared and implemented in accordance with the Code of Practice for the building and construction industry to prevent soil sediment and pollutants leaving the site or entering watercourses during development of the site (and construction of dwellings).
State Commission To accord with Section 33 of the Development Act 1993 Assessment Panel
Comments • 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
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for Land Division Certificate purposes.
SA Water To accord with Section 33 of the Development Act 1993
Comments • The financial requirements of SA Water shall be met for the provision of water supply and sewerage services.
• The augmentation requirements of SA Water shall be met.
• The necessary easements shall be vested to SA Water.
DPTI To accord with Section 33 of the Development Act 1993
Comments No Comment
Table 4: Internal Department Reason Engineering – Review of proposal with respects to proposed infrastructure and Development Services management.
Comments • The target percent reduction for Total Phosphorus, Total Nitrogen and Total Suspended Solids is comparable with the Evanston Stormwater Management Functional Design Final Report by Design Flow 29 February 2012.
• The updated MUSIC Results by WGA for the amended site area (Orleana Waters Development) is acceptable.
Engineering – Asset Review of proposed variation to open space and Clark Road Planning interface.
Comments • No concerns with Clark Road fronting allotments. Negotiations currently underway for Clark Road landscaping relative to original approval.
• Decrease in small linear reserve supported, sufficient open space located within Orleana Waters masterplan to satisfy Council’s strategic open space directions.
• The new allotment configuration will not alter the conceptual stormwater design. The reserve areas omitted do not impact on the stormwater management of the area.
• The allotments facing Clarke road can discharge stormwater
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into Clarke road and connect into the underground stormwater network.
• Road network consistent with prior determined road hierarchy and Ausroad Guidelines.
8. ASSESSMENT
8.1. The zoning of the land and relevant provisions
8.1.1. The following Town of Gawler Development Plan Objectives and Principles of Development Control (PDC’s) were considered in the assessment of this application: Table 5: Development Plan 20 April 2018 Zone Residential Policy Area Evanston Gardens / Evanston South / Hillier Policy Area Section Objectives Principles of Development Control Council Wide: Appearance of Land, 1 1 Buildings and the Public Environment Contaminated Land 18, 19 41 Form of Development 23, 24, 25, 26 62, 63 Infrastructure 36, 37, 39 93, 94, 95, 96 Land Division 45 125, 126, 127 Natural Resources 54, 56, 57, 58 148, 149, 150, 151, 152, 153, 154, 155, 157 Open Space and 65, 66, 67, 68 184, 185, 186, 187, 191, 195 Recreation Residential 78, 81, 82, 84 231, 232, 233, 234, 235, 236, 240, 243, 245, 246, 247, 249, 250, 251, 252, 253, 254 Transportation and 91, 92, 93, 94 334, 340, 342, 346, 347, 348, Access 354, 355 Transportation 98, 99 383, 384 (Movement of People and Goods) Zone: Residential 1 1, 9, 10
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Policy Area: Evanston 1, 2, 3, 4, 5 1, 2, 5, 7, 19, 20, 21, 22, 25, 26, Gardens/Evanston 27, 28 South/Hillier
8.2. Intended Use of Land / Desired Character 8.2.1 The subject land is located wholly within the ‘Residential Zone’ and the ‘Evanston Gardens/Evanston South/Hillier Policy Area’ where the desired character statement through objective 1 seeks “a predominantly low to medium rise [1-3 storey] and low to medium density residential area that comprises a range of dwelling types (including affordable housing), designed to integrate with areas of open space”.
8.2.2 The proposed land division application seeks to vary a previously approved land division by increasing residential allotment yield (in a Torrens Title sense) from 664 to 687 lots. The proposal and development as a whole (inclusive of previous approvals) maintains a mixture of allotment type and sizes, with lots within the development area (including existing land division approvals) ranging from approximately 180m2 lots to 640m2. Associated built form constructed and approved on such allotments includes predominately detached dwellings and row dwellings.
8.2.3 The proposed variation also seeks to incorporate Clark Road fronting allotments, which will improve the subject lands association with, and link to the adjoining established area. The variation will provide an improved transition from the existing character of Clark Road (and the extended northern locality; being predominately low density housing) to the internal character of the subject land (being a combination of low density and medium density housing).
8.2.4 The Evanston Gardens/Evanston South/Hillier Policy Area provides for a structure plan to demonstrate a general direction for which development should be achieved. The proposed variation maintains consistency with the structure plan, which is provided below.
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Figure 3:
8.2.5 The variation is considered to be in reaction to shifting market demands within the region and nonetheless consistent with the desired and existing character of the locality and consequently Objective 1 and 5 of the Evanston Gardens/Evanston South/Hillier Policy Area.
8.3. Traffic/Road Management and Pedestrian Linkage
8.3.1 The initial approved land division layout had been designed to provide access to all allotments from internal roads, with the exception of allotments mainly super-lots that share frontage to Clark Road. The proposed variation seeks to further increase the extent of allotments with frontage to Clark Road, with the introduction of seven allotments with direct frontage. These seven allotments are provided in lieu of the previously approved super lots.
8.3.2 Council’s Engineers have reviewed the proposal and confirmed Clark Road is capable of accommodating direct vehicle access/egress from the additional allotments. Whilst there is existing vegetation situated within the Clark Road road reserve, discussions relative to proposed landscape design associated with the previous land division application would ensure that vehicle access is provided to all allotments. These landscape works are secured via a design and delivery deed. As such, the proposal accords with Council Wide (CW) Principle of Development Control (PDC) 354 and 355.
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8.3.3 Whilst pedestrian linkage from Clarke Road to internal areas of Public Open Space has been lost with the removal of the reserve area fronting Clark Road, sufficient linkage still exists through the provision of the collector roads that connect with Clark Road. As these roads represent minor ‘collector roads’ within the estate, the 20- metre road reserve will be inclusive of footpaths provided on each side of the road reserve. One of these collector roads has already been constructed in the form of Andreas Avenue. In light of this, the proposal will still maintain appropriate pedestrian connections and accord with CW PDC 186 and 233.
8.3.4 Road reserve widths within the original land division ranged from 20 metre wide road reserves for minor collector roads to 12.5 metre widths for local roads and finally 7 metres for laneways. The road widths contained in the variation proposal are consistent with the balance of the site (being 15 metres, 16.5 metres and 20 metres respectively). These road widths are consistent with the Traffic Assessment conducted within the two previous land division applications and ensure the previously proposed and approved road hierarchy is maintained.
8.3.5 The road network within the subject site accommodates the turning movements of a 12.5 metre rigid vehicle at all intersections, corners and cul-de-sacs; which results in all vehicles being able to enter and exit all roads in a forward direction. This road design also ensures that all garbage trucks and emergency vehicles operating within the Council area have unrestricted movement within the subject site.
8.3.6 Council’s Engineering Department has reviewed the proposed variation and are satisfied that the revised layout meets road and traffic criteria within the Gawler Development Plan and Australian Road Standards. Council engineers will assess final detailed road designs of the amended layout at a later stage should this application receive development plan consent (i.e. during detailed design process).
8.3.7 Three allotments (being 1514-1516 inclusive) present with dual frontage allotments; being that they have a road frontage to the front and rear of the allotment. In order to ensure an appropriate streetscape and that access is secured internal to the site, a 100mm reserve strip is proposed to the rear of the allotments. This approach is consistent with the previously approved and now constructed portion of the estate with an interface to Clark Road (being stage 1).
8.3.8 The minor alterations to the internal road network of previously approved stages 15 and 17 accord with CW PDC 376, 383 and 384.
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8.4. Suitability of Allotments
8.4.1 All proposed allotments forming part of the variation application retain allotment shapes and configurations that are reflective of previous stages within both the original and subsequent variation application.
8.4.2 The proposed allotments are considered to satisfy Residential Principle of Development Control 9, which seeks that allotments that are less than 450 square metres should be able to include a building envelope that is capable of containing a dwelling, private open space and vehicle storage. Allotment layouts proposed are considered to satisfy CW PDC 217 providing allotments of a appropriate area and dimension for dwelling and ancillary outbuilding, convenient vehicle parking and of a suitable size and design to achieve residential private open space requirements listed within Policy Area PDC 20.
8.4.3 Pursuant to Council Wide PDC 235, the proposed variation includes residential allotments of varying sizes to encourage housing diversity and in addition satisfy objective 79 seeking housing to meet the needs and preferences of the community. Furthermore, the form of housing proposed aligns with and satisfies the desired character outlined within the Desired Character Statement of the Policy Area.
8.4.4 Proposed allotments indicated as 1539 to 1547 inclusive are reminiscent of allotments contained within and subsequently developed on Robertson Street, which is situated within the southern developed portion of the subject land. To provide clarity on the manner in which these allotments are intended to be developed and to demonstrate these allotments are suitable for their intended use, the applicant has provided a copy of the previously approved plans for the medium density product developed on Robertson Street. The provided plans are contained within Attachment 3.
8.4.5 All proposed allotments will be serviced by the necessary and infrastructure (i.e. water, sewer, electricity) and maintain access to an all weather public road satisfying CW PDC 93 and 127.
8.5. Stormwater Management
8.5.1 The proposal seeks to provide for 23 additional allotments in lieu of three (3) super/development lots. Whilst this proposal would subsequently result in an increased density in an immediate sense within the estate, a similar if not greater density would have resulted upon development of the super lots within a community
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title format (being within a separate and later land division proposal lodged with Council).
8.5.2 Subsequently, it is not anticipated that the proposal will result in an increased volume of stormwater management within the site. This notion has been confirmed by Council’s engineering department and within subsequent correspondence prepared by the applicant in response to the Environment Protection Authorities (EPA) Schedule 8 referral. The additional commentary provided by the applicant is contained within Attachment 4. A copy of the EPA comments are contained within Attachment 5.
8.5.3 As part of the initial land division application and works associated with the existing infrastructure deed, an integrated Stormwater Management Plan was developed in order to protect the existing area and infrastructure and further provide a plan for the management of both stormwater quantity and quality from the development site. The plan reduced peak flows rates to less than 1 in 5 year pre-development levels and also treated water quality to levels required for aquifer injection, storage and recovery.
8.5.4 Given the existence of the previously approved stormwater strategy and intention to accommodate the subject site within that existing strategy and system, the proposal is not considered to alter the previous proposal and as such is considered to accord with CW PDC 96.
8.6. Public Open Space
8.7.1 As part of the initial land division application a total of 15.48 hectares or 26% of the total land size was provided as reserve area or “open space”. Out of that total, approximately 10.24 hectares of reserve area was dedicated for drainage and stormwater purposes. The remaining 5.245 hectares was dedicated purely for public open space for recreational use.
8.6.2 Of the overall extent of open space provided, it was determined that when applying the principle outlined within Council Wide PDC 191 (which seeks to ensure that no more than 20 percent of open space is dedicated for creeks or other drainage), the total area of open space provided equaled an area of 10.36 hectares or 17.60% of the overall land.
8.6.3 As the proposal seeks to remove approximately 3,079 square metres of public open space, the resulting total area will be reduced to 10.05 ha or 17.04%. Despite the
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reduction in public open space, the proposal will continue to satisfy and exceed the required 12.5%.
8.6.4 Given the limited size and nature of the previous public open space approved and now proposed to be removed, Council’s Asset Planning department have supported its removal. The allotments containing within the proposed variation maintain close proximity to areas of public open space situated within the balance of the subject land and an area of reserve maintained within stage 17.
8.6.5 In light of the above, the proposal removal of public open space is not considered to be detrimental to the merits of the proposal.
8.7. Conditions of Consent
8.7.1 To ensure continuity with the previous land division approvals on site (being 490/D002/14 and 490/D031/11) and that the appropriate infrastructure (storm water, roads, etc.) is provided in accordance with regulation 50 of the Development Regulations 2008, the previous conditions relative to the design and construction of infrastructure have been included within the officers recommendation.
8.7.2 It is not considered that the proposal requires the inclusion of any new conditions with the exception of the implementation and completion of landscape works to the Clark Road frontage being completed prior to the clearance of the respective stage in which the works relate. This is required to ensure that vehicle access to front facing allotments is achieved.
9. CONCLUSION
9.1. When assessed against the relevant provisions of the Development Plan and having regard to the previous development approval, the context of the locality and the nature of the proposed development, it is considered that the proposal satisfies the relevant provisions of the Development Plan. 9.2. The proposed land division variation remains desirable, orderly and an appropriate form of development within the Evanston Gardens/Evanston South /Hillier Residential Policy Area that will not adversely impact upon traffic safety or the character or amenity of the area. 9.3. Accordingly, the proposal warrants Development Plan Consent, Land Division Consent and Development Approval.
10. RECOMMENDATION
It is recommended that the Town of Gawler Council Assessment Panel resolves:
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1. That having regard to the relevant provisions of the Gawler (CT) Development Plan, pursuant to Section 33(1) of the Development Act 1993, that the application is not seriously at variance with the Development Plan. 2. That DEVELOPMENT PLAN CONSENT be GRANTED to Development Application 490/102/2019 by DEVINE COMMUNITIES for Variation to 490/D002/14 and 490/D031/11 comprising of a variation to Stages 15 and 17 (additional 23 allotments) at Clark Road EVANSTON GARDENS 5116, subject to the following conditions:
Council Development Plan Consent Conditions:
(1) The development hereby approved shall be undertaken in accordance with Development Application No 490/102/2019 (SCAP Reference 490/D007/19), the approved plans, details and conditions therein. REASON: To ensure the development is undertaken in accordance with the approved plans.
(2) Except where varied by Conditions and plans forming part of this Development Approval, the proposed development shall be undertaken in accordance with the approved plans, details and conditions therein. All other conditions, plans and details relating to Development Application Number 490/D036/2011 and 490/D002/2014 continue to apply to this amended consent. REASON: To ensure the development is undertaken in accordance with the approved plans.
(3) All stormwater drains and associated stormwater drainage works serving more than one allotment and not wholly located within roads or reserves vesting in Council pursuant to Section 233 I e (2) of the Road Property Act shall be contained within an easement for drainage purposes and provide on the relevant final plan. Such easements shall be a minimum width of 3.0 metres and delineated to the reasonable satisfaction of the Council. REASON: To ensure the necessary easements are provided.
Council Requirements (Land Division Consent) Conditions:
(1) Prior to Section 51 Clearance, street name signs shall be erected at the owner's/applicant's expense, to the satisfaction of Council in accordance with Councils Standard drawing SK-604. REASON: To ensure street signs are provided in line with Council standards.
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(2) Prior to Section 51 Clearance street and public lighting shall be provided to all streets and roads within the development and comply in all respects with the Lighting Code AS1158. Public street lighting shall be of Light Emitting Diode (LED) and style (unless otherwise approved by Council) and constructed to the reasonable satisfaction of Council and SA Power Networks. REASON: To ensure the roadways within the development are appropriately lit.
(3) Prior to Section 51 Clearance, detailed designs and specifications, prepared by a suitably qualified engineer, for all civil works including roads, stormwater drainage, and footpaths are to be provided to Council for approval. Detailed stormwater drainage design is to be undertaken in line with the latest copy of the Evanston Stormwater Management Functional Design document dated 08 Feb 2012 prepared by Design Flow, DesignFlow's letter dated 28 February 2014 and letter dated 18 April 2019 from WGA titled Orleana Waters Development - Stormwater Management and Water Quality Treatment. No work (including any civil engineering works) is to commence prior to the receipt of written approval from Council. All cost for the design and construction of all civil infrastructures shall be borne by the owner/applicant. Following a certificate of practical completion from Council the owner/applicant shall be responsible for all maintenance for a period of 12 months. REASON: To ensure the development is undertaken in accordance with the approved plans.
(4) The internal road hierarchy/network shall be designated in accordance previously the approved Traffic Report titled Evanston Gardens Residential Land Division -Traffic Report dated September 2011 and Councils Standards and Requirements for Land Development document unless where varied by the EVANSTON GARDENS RESIDENTIAL LAND DIVISION REVISED TRAFFIC REPORT by Murray F Yeung and Associates dated 313/2014. REASON: To ensure the development is undertaken in accordance with the approved plans.
(5) Prior to Section 51 Clearance of Stages 15 and 17, the landscape works falling within the confines of each stage and associated with Clark Road shall be completed to the reasonable satisfaction of Council. REASON: To ensure vehicle access to Clark Road fronting allotments is achieved.
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Development Assessment Commission Requirements:
(6) 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 State Commission Assessment Panel for Land Division Certificate purposes.
SA Water Requirements:
(7) The financial requirements of SA Water shall be met for the provision of water supply and sewerage services. (8) The augmentation requirements of SA Water shall be met. (9) The necessary easements shall be vested to SA Water. (10) Buildings 4 storeys or higher require a connection from a DN150 water main and buildings 8 storeys or higher require a connection from a DN200 water main.
Environment Protection Authority Requirements:
(11) The final design of the stormwater management system must be established in accordance with the treatment train stipulated in the letter dated 18 April 2019 from WGA titled "Orleana Waters Development - Stormwater Management and Water Quality Treatment", and must a. meet the following quality targets: i. suspended solids (SS) - 80% reduction of the typical urban annual load with no treatment ii. total phosphorus (TP) - 60% reduction of the typical urban annual load with no treatment iii. total nitrogen (TN) - 45% reduction of the typical urban annual load with no treatment b. ensure runoff is maintained at pre-development levels c. ensure groundwater resources d. mitigate flood risk (12) The stormwater infrastructure for this development must be designed and constructed in accordance with the DesignFlow Evanston Stormwater timing of works dated 2 December 2011. (13) A Soil Erosion and Drainage Management Plan (SEDMP) must be prepared and implemented in accordance with the Code of Practice for the building and construction industry to prevent soil sediment and pollutants leaving the site or entering watercourses during development of the site (and construction of dwellings).
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Environment Protection Authority Advisory Notes:
(1) The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practicable measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm. (2) EPA information sheets, guidelines documents, codes of practice, technical bulletins etc can be accessed on the following web site: http://www.epa.sa.gov.au
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DEVELOPMENT APPLICATION OVERVIEW Item Number 5.3 Development Application 490/543/2015 (490/D032/15) Applicant LIFESTYLE LAND DEVELOMENTS PTY LTD Owner J E HUGHES & J A HUGHES M P BARRESI & L BARRESI D H MACPHAIL & J E MACPHAIL Subject Land 226, 228 & 236 Gawler One Tree Hill Road EVANSTON PARK 5116 Certificate of Title LOT: 80 PLN: D31637 CT: 5098/618 LOT: 81 PLN: D31637 CT: 5786/841 LOT: 13 PLN: D14779 CT: 5456/200 Description of Development LAND DIVISION (3 Allotments into 71), retaining walls, associated earthworks, future public roads, open space and removal of Ten (10) Regulated Trees and Four (4) Significant Trees. Zone Residential (Hills) Zone Policy Area n/a Nature of Development Merit Public Notification Category Category 1 Referral Agencies Development Assessment Commission SA Water Corporation DECD – Education and Child Development DPTI – Mark Maintenance Section DPTI – Transport Services Division Environmental Protection Authority Renewal SA (Affordable Housing) South East Australia Gas Pty Ltd Department for Energy and Mining (gas) Key Issues / Considerations Allotment size and orientation Topography Stormwater Open Space Heritage Previous Motion N/A Lodgement Date 03/08/2015 Development Plan 30/04/2015 Attachments Under Separate Attachment 1 – Plan of division Cover Attachment 2 – Correspondence from Applicant’s Planning
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Consultants Attachment 3 – EBS Ecological assessment for the Gawler East Link Road
Attachment 4 – Certificates of Title
Attachment 5 – External Referrals
Attachment 6 – Internal Heritage Referral
Attachment 7 – Applicant’s Heritage Impact Assessment
Attachment 8 – Arborman Tree Report
Attachment 9 – Council Arborist Report
Attachment 10 – Site History and Contamination Reports
Attachment 11 – Environmental Management Plan
Attachment 12 – Concept Stormwater Management Plan
Attachment 13 – Bulk Earthworks Plan
Attachment 14 – Open Space Concept Plan
Attachment 15 – Traffic Assessment Report
Attachment 16 – Site Photographs Author Senior Development Assessment Planner (James Booker) Reviewed Team Leader Development Services (David Bielatowicz) and Manager Development, Environment & Regulatory Services (Ryan Viney) Delegation Section 33(1)(c) The Panel shall only exercise powers and functions associated with applications in respect of applications of the following types: e) An application for consent for division of land (otherwise than under the Community Titles Act 1996 or the Strata Titles Act 1988) creating 20 or more additional allotments. Recommendation Development Plan Consent and Land Division Consent be GRANTED subject to Conditions and Reserved Matters.
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1. DESCRIPTION OF PROPOSAL
1.1. The subject development proposal seeks for a land division by Torrens title (3 allotments into 71) including retaining walls, associated earthworks, future public roads, open space and removal of ten (10) Regulated trees and four (4) Significant trees.. More specifically, the proposal seeks for the:
• Creation of 71 additional allotments (including existing 3 allotments) ranging in size from 334m2 to 5245m2. The average allotment size is 794m2.
• Proposed division to be constructed in three (3) stages;
• Construction of public roads;
• Construction of retaining walls in preparation of future dwellings;
• Removal of thirteen (13) Regulated trees and four (4) Significant trees;
• Provision of public open space; and
• Construction of stormwater and civil infrastructure.
Table 1: Table of site areas and frontages Proposed Lot Allotment Size Allotment Frontage Allotment Shape 1 785m2 11.5metres Regular (corner allotment) 2 884m2 20metres Regular 3 884m2 20metres Regular 4 884m2 20metres Regular 5 884m2 20metres Regular 6 872m2 31.18metres Irregular 7 712m2 13.4metres Irregular 8 519m2 7.75metres Regular (corner allotment) 9 642m2 14.95metres Regular 10 615m2 15.13metres Regular 11 669m2 20.1metres Regular 12 650m2 20metres Regular 13 706m2 20.1metres Regular 14 623m2 17.4metres Regular 15 603m2 16.1metres Regular
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16 658m2 16metres Regular 17 698m2 16.7metres Regular 18 694m2 13metres Regular 19 629m2 13.3metres Regular 20 621m2 13metres Regular 21 716m2 15metres Regular 22 716m2 15metres Regular 23 716m2 15metres Regular 24 716m2 15metres Regular 25 607m2 8.18metres Regular (corner allotment) 26 536m2 12metres Regular (corner allotment) 27 617m2 15metres Regular 28 617m2 15metres Regular 29 617m2 15metres Regular 30 617m2 15metres Regular 32 537m2 13.09metres Regular 33 530m2 12.91metres Regular 34 1019m2 32.16metres Irregular 35 798m2 31.93metres Irregular 36 691m2 14.6metres Regular 37 682m2 14.64metres Regular 38 776m2 14.67metres Regular 39 739m2 14.63metres Regular 40 601m2 14.99metres Regular 41 608m2 14.93metres Regular 42 486m2 7.82metres Regular (corner allotment) 43 687m2 19.98metres Regular 44 370m2 11.65metres Regular 45 359m2 12.11metres Regular 46 334m2 12.04metres Regular 47 345m2 11.05metres Regular 48 500m2 13.1metres Regular 49 439m2 12.54metres Regular
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50 514m2 19.74etres Regular 51 475m2 21.85metres Irregular 52 460m2 16.39metres Irregular 53 447m2 17.15metres Regular 54 445m2 13.82metres Regular 55 453m2 16.16metres Regular 56 473m2 13.33metres Irregular 57 401m2 10.85metres Regular 58 375m2 9.9metres Regular 59 443m2 9.9metres Regular 60 3150m2 33.75metres Irregular 61 1996m2 13.2metres (new Irregular road) 40.09metres (Gawler One Tree Hill Road 62 589m2 9.55metres (new Regular road) 13.9metres (Gawler One Tree Hill Road 63 640m2 14.62metres (new Regular road) 13.82metres (Gawler One Tree Hill Road 64 673m2 13.87metres (new Regular road) 14.06metres (Gawler One Tree Hill Road 65 663m2 15.4metres (new Regular road) 14.22metres (Gawler One Tree Hill Road 66 972m2 35.4metres (new Irregular road) 25.06metres (Gawler One Tree Hill Road 67 745m2 31.79metres Regular (corner allotment) 69 5245m2 55.26metres (Gawler Regular One Tree Hill Road 70 683m2 20metres Regular 71 1314m2 38.54metres Rectangular 72 2429m2 10metres Battle-axe shape 73 1592m2 65.09metres Rectangular
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A copy of the plan of division is included as Attachment 1.
2. BACKGROUND
2.1. Whilst the application was lodged in 2015, it was subsequently placed on hold for an extensive period of time while a determination was being made on the alignment of the Gawler East Link Road (GELR). Due to extensive discussions, proposals and realignments of the proposed link road, the land division has been on hold for a number of years. Additionally, further discussions with Council regarding the future payment of infrastructure contributions has led to further delays.
2.2. Despite the significant delays to the application due to the alignment of the GELR, the applicant has submitted a large amount of supporting documentation which has been provided in the attachments.
2.3. Requests for additional information and clarification of certain matters were made by Council which are discussed in the body of the report. Through discussions a number of aspects of the proposal were amended and refined from the original layout of the subdivision. These amendments include:
o Removal of allotment 31 in order to create a more suitable allotment pattern that allows for appropriate building envelopes.
o Reconfiguration of the entrance from One Tree Hill Road to be adjacent to allotment 69 which contains a Local Heritage Place. This removed previously labelled allotments 66 and 67 which had frontage to One Tree Hill Road.
o Removal of allotment 68 which was a result of the reconfiguration explained above.
o The inclusion of a 100mm reserve strip to allotments 61, 62, 63, 64, 65 and 66. This strip will prevent vehicular access from these allotments to One Tree Hill Road.
o The inclusion of a gateway entry statement incorporating stone walls and columns to a height of 2m and timber post and rail fence. This was an important inclusion to maintain the rural feel of the locality when viewed from One Tree Hill Road. The requirements of this fencing is to be detailed within a future Land Management Agreement which also restricts the building of solid fencing on the One Tree Hill Road frontage
o A previous allotment configuration included a small reserve, shown as “Reserve B” located at the rear of allotment 69. Council’s Open Space Team were insistent that
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this be removed as it was inconsistent to Council’s Open Space strategy for this area.
o There has been an increase in the number of trees to be removed in order to avoid conflict with building envelopes.
3. LOCALITY
3.1. The locality comprises of the streetscape of Gawler One Tree Hill Road from its intersection with Potts Road to the south and its intersection with Gawler Terrace to the north. Additionally, as the site is surrounded by large rural allotments, forming an important part of the locality. The Woodvale housing estate on the eastern side of One Tree Hill Road has increased residential density in the locality.
3.2. The locality can be summarised as follows:
• Small to medium size land parcels used for grazing/pastures;
• A rural living character derived from a concentration of housing in the vicinity of One Tree Hill Road;
• Established residential areas to the north and west that form an extension of the Gawler township;
• Land topography that is sloping with a series of natural gullies and undulations.
3.3. The main characteristics of the locality are as follows:
Table 2: NORTH • The Residential Hills Zone terminates to the north of the subject site as the Residential (Gawler East) Zone extends from the northern boundary of the site to Gawler Terrace.
• Local Centre Policy Area 19 is located within the Residential (Gawler East) Zone and is located approximately 100 metres from the northern boundary of the subject land. This policy area is currently undeveloped.
• A number of allotments to the north are owned by the Department of Planning, Transport and infrastructure and are currently being developed as part of the Gawler East Link Road.
EAST • The Residential Hills Zone continues to the north-east of the subject site across Gawler One Tree Hill Road.
• These allotments are rural in character with the exception of the Woodvale
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housing estate which offers a much higher density of housing.
• A small Rural Living Zone is adjacent to the eastern boundary of the site with the City of Playford situated further east.
WEST • South-west of the site is the continuation of the Residential Hills Zone with the Residential Zone containing the remainder of the suburb of Evanston Park further west.
• Broad acre allotments are present within the Residential Hills Zone while low density housing is located within the Residential Zone.
SOUTH • South of the subject land is a small Rural Living Zone with Bentley Road dividing the Rural Zone from the Residential Zone beyond.
• Allotments to the south are an eclectic mix of sizes from Rural Living to low density housing.
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Locality Map
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Topography of site and surrounds
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Zoning Map
4. SUBJECT SITE
4.1. The subject land is located at 226, 228 & 236 Gawler One Tree Hill Road, Evanston Park. The land is wholly located within the Residential Hills Zone.
4.2. The subject site comprises of three allotments. They are recognised as:
o Allotment 80 of Deposited Plan 31637 in the area named Evanston Park within the Hundred of Munno Para as recorded on the Certificate of Title Volume 5098 Folio 618.
o Allotment 81 of Deposited Plan 31637 in the area named Evanston Park within the Hundred of Munno Para as recorded on the Certificate of Title Volume 5786 Folio 841.
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o Allotment 13 of Deposited Plan 14779 in the area named Evanston Park within the Hundred of Munno Para as recorded on the Certificate of Title Volume 5456 Folio 200.
4.3. An easement for drainage purposes is shown on existing allotment 81. This easement has been shown in the submitted plan of division on allotments 71, 72 & 73. A copy of the certificate of titles for the site can be found in Attachment 4.
4.4. No Land Management Agreements or Encumbrances are registered on any of the Certificates of Titles.
4.5. The entire site has frontage of 265.56 metres to Gawler One Tree Hill Road and a total area of 10.142 hectares.
4.6. An underground high pressure gas pipeline operated by SEAGas is located adjacent to the south eastern boundary of the subject land. Additionally, a large above ground water pipeline operated by SA Water connecting Barossa Valley Reservoir to metropolitan Adelaide follows this route.
4.7. The subject land has a gully located adjacent to the south western boundary. The southernmost end of the gully is quite flat adjacent to the SA Water pipeline. However, the remainder of the centre of the gully is steep and untraversable.
4.8. The site has a fall from east to west which steepens substantially towards the gully.
4.9. Three dwellings are located on the subject land. These dwellings are to be retained and are to be located on future allotments 60, 69 and 72. An outbuilding and a tennis court are proposed to be removed. The applicant will be required to lodge a separate application in order to demolish these structures.
4.10. Future allotment 69 contains a Local Heritage Place which is to be retained.
4.11. The site is not located within a flood zone as delineated within the Gawler (CT) Development Plan. However, the land does fall within a General Bushfire risk area.
4.12. There are 52 Regulated trees located on the site, many of which are located within the gully area adjacent to the western boundary.
4.13. The subject land is located within the Gawler East Separate Rate area.
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5. NATURE OF DEVELOPMENT
5.1. The proposal is not listed as either a complying or non-complying form of development within the Residential Hills Zone as delineated within the Gawler (CT) Development Plan. Therefore the application is assessed as a merit form of development.
5.2. It is worth noting that Residential Hills Zone (RHZ) Principle of Development Control (PDC) 29 states the following:
Figure CoP/5 (Portion of)
5.3. This provision of the Development Plan seeks to restrict the number of allotments within the Gawler East Development Constraints Concept Plan to no more than 1000 due to
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current deficiencies in traffic infrastructure. The wording of this particular provision has been carefully considered during the assessment of previous applications within the Gawler East Development Constraints area to ensure appropriate consideration is given to Principle of Development Control 25. It has previously been confirmed via legal advice that the number of allotments refers to newly created allotments within this area that have been approved by Council and lodged and registered with the Land Titles Office.
5.4. As it stands, approximately 550 individual allotments presently exist (or at least have been approved by Council and lodged with the Lands Titles Office) within the designated Concept Plan area. This means that the proposed division would result in the number of allotments being well below the 1000 allotment threshold. As such, the proposal does not trigger a Non-complying type of assessment but is assessed as a merit type of application in accordance with Section 35 (5) of the Development Act 1993.
5.5. In recent months construction has commenced on the Gawler East Link Road.
6. CATEGORISATION (PUBLIC NOTIFICATION)
6.1. This application was not required to be advertised pursuant to Section 38 of the Development Act, 1993. Schedule 9 of the Development Regulations 2008, where Clause 5 of Part 1 – Category 1 Development of Schedule 9 of the Development Regulations, 2008 states:
6.1.1 The division of land (including for the construction of a road or thoroughfare) where the land is to be used for a purpose which is, in the opinion of the relevant authority, consistent with the objective of the zone or area under the relevant Development Plan, other than where the division will, in the opinion of the relevant authority, change the nature or function of an existing road.
6.2. The proposed division will not alter the nature or hierarchy of an internal or external road and as such, falls within the ambit of the above. As such the application has been appropriately categorised as a Category 1 form of development and does not require public notification.
7. REFERRALS
7.1. The following external referrals were undertaken:
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Table 3: Referrals/Notice Advice/Response/Conditions Environment Protection • The EPA considers that best management practices for new Authority development involves not increasing stormwater flows above pre-development flows while minimising the quantity of pollutants in the stormwater flowing from the site. • In order to meet water quality targets outlined in the Water sensitive urban design (WSUD) Guide for South Australia (2013), MUSIC modelling (dated 14 June 2017) was provided with the application. Water quality treatment measures would include Ecosol gross pollutant trap and reactive filtration media which demonstrate they would achieve the recommended water targets. This is satisfactory to the EPA. A condition to this effect has been outlined below. • The EPA is satisfied with the proposed mitigation measures to be adopted as part of the construction phase. A condition relating to implementation of the Construction Environmental Management Plan (CEMP) and Environmental Management Plan (EMP) has been advised below. • ln the provided EMP prepared by lntrax Consulting Engineers (15 May 2017), control mechanisms to prevent soil sediment and pollutants leaving the site, or entering waterbodies during development were proposed at the site. The EMP outlines appropriate management mechanisms that would be utilised at the site including use of straw bates and silt fences that would be checked fortnightly and inspected after a rain event. In addition, soil stockpiles and surface runoff would be directed to a sedimentation basin. Controls to prevent carrying of soils onto roadways such as a shaker grid would be installed at the site. This is satisfactory to the EPA. A condition relating to the implementation of the EMP has been advised below. • It is intended that wastewater from the site would be removed via an SA Water sewer main located along Gawler- One Tree Hill Road. An extension of this sewer main is proposed to service the subject land. As such, it is acknowledged that on-
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site wastewater disposal would not be incorporated at the site. This is satisfactory to the EPA. • As the closest major road is located approximately two kilometres north west of the proposed land division site, the EPA considers the potential noise and air quality impacts to be low. • As the EPA publication “Evaluation distances for effective air quality and noise management” (August 2016) recommends an evaluation distance of 500 metres between a landfill and a sensitive receiver (i.e. dwelling), the EPA considers potential noise or air quality (including odour) impacts to be low risk. • The EPA considers that the potential for adverse water quality, wastewater management and soil erosion and construction management impacts to be within acceptable limits provided the proposed expansion is developed as proposed by the applicant and in accordance with the recommended conditions below. The planning authority is advised to attach the following conditions to any approval: 1. The detailed design of the stormwater management system must be established in accordance with the Stormwater Management Plan and Stormwater Layout Plan prepared by lntrax Consulting Engineers, dated February 2017 and must: a. meet the following water quality targets: i. suspended solids (SS) - 80 percent retention of the typical urban annual load with no treatment ii. total phosphorus (TP) - 60 percent retention of the typical urban annual load with no treatment iii. total nitrogen (TN) - 45 percent retention of the typical urban annual load with no treatment b. ensure runoff is maintained at pre development levels c. ensure groundwater resources are not impacted d. mitigate flood risk 2. Construction works must be conducted in accordance with the Environmental Management Plan prepared by lntrax Consulting Engineers (18 May 2017) and the Construction Environmental Management Plan prepared by lntrax
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Consulting Engineers (February 2017) in order to mitigate environmental nuisance and prevent soil sediment and pollutants leaving the site or entering nearby watercourses. The following notes provide important information for the benefit of the applicant and are requested to be included in any approval: • The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practicable measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm. • EPA information sheets, guidelines documents, codes of practice, technical bulletins etc can be accessed on the following web site: http://www.epa.sa.gov.au • Guidance for the building and construction industry on pollution prevention of waters can be found by referring to the 'Handbook for Pollution Avoidance on Building sites' http: //www.epa.sa.gov.au/pdfs/building_sites.pdf and the 'Stormwater Pollution Prevention Code of Practice' http:/ /www.epa.sa.gov.au/pdfs/bccop1 .pdf Department of • DPTI recommends that Council ensure the new junction is Planning, Transport consistent with “Austroads Guide to Road Design Part 4A: and Infrastructure – Unsignalised and Signalised Intersections”, particularly Table Transport Services 3.2: Safe Intersection Sight Distance, to maximise road safety. Division • It should be noted that a local road link between Calton Road and Potts Road is proposed as part of the expansion of residential development east of Gawler. It is not anticipated that this land will be affected by the proposal. DPTI does not object in-principle to the proposal. Council is advised to attach the following condition to any approval granted: 1. No stormwater shall be discharged to the land held by the Commissioner of Highways to the north of the site. Department of No Comment. Planning, Transport
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Wednesday 12 June 2019 and Infrastructure – Mark Maintenance Section Department of No Comment. Planning, Transport and Infrastructure – Education and Child Development Department of State • This land division application has been referred to the Development Department of State Development (DSD) as it is within the measurement length of 640 metres of the Pipeline. • The Pipeline has been designed to be compatible with pipeline design land use Residential – Common Infrastructure Corridor
(T1-CIC) in this location and we understand that the proposed
development is consistent with this land use. Both DSD and
SEA Gas do not consider there to be any additional impact to
the integrity of pipeline or public health and safety from this land division. South East Australia This development application has been referred to the Petroleum Gas Pty. Ltd. & Geothermal Group DMITRE for comment.
Renewal SA (Housing No Comment. Affordability) SA Water • The financial requirements of SA Water shall be met for the provision of water supply and sewerage services. • The augmentation requirements of SA Water shall be met. • The necessary easements shall be vested to SA Water.
• The developer is also advised that a sewerage pump station
and pumping main will be required within the development with
a dedicated allotment to SA Water for the pump station to
measure 14.5m x 10m and have all weather access as per technical specification. The sewerage is then intended to gravitate along new gravity main 150DN approx 250m (to be constructed by developer) along Gawler-One Tree Hill Road to
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connect to existing gravity main in development 490/D068/12. If a connection/s off an ex Development • The financial and augmentation requirements of the S A Water Assessment Corporation shall be met for the provision of water supply and Commission sewerage services. (S A Water 90097/15) • The necessary easements shall be granted to the S A Water Corporation free of cost. • SA Water Corporation further advise that an investigation will
be carried out to determine if the water and/or sewer
connection/s to your development will be costed as standard or
non standard.
• The developer is also advised that a sewerage pump station and pumping main will be required within the development with a dedicated allotment to SA Water for the pump station to measure 14.5m x 10m and have all weather access as per technical specification. The sewerage is then intended to gravitate along new gravity main 150DN approx 250m (to be constructed by developer) along Gawler-One Tree Hill Road to connect to existing gravity main in development 490/D068/12. • 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.
A copy of the external referrals are contained within Attachment 5
Table 4: Internal Referrals Advice/Response/Conditions Engineering Department • 0.1m reserve strip on the northern edge of lots 61, 62, 63, 64, 65, 66 and 69 required for safe and convenient movement of vehicles. • Provide a drainage easement on the south eastern boundary of Lot 60 and Lot 47 for the public road and show all rear of allotment drainage and sewer easements on the Plan of
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Division. • The Infrastructure Agreement is required to be entered into for external works prior to Section 51 Clearance.
As requested, please condition the following: • Provide an amended plan showing a vehicle turn around are on Lot 6 for emergency services and refuse trucks in accordance with the Ministers Code for Undertaking Development in Bushfire Protection Areas. • Provide a stormwater management plan to the satisfaction of Council prior to Section 51 clearance with a stormwater quality improvement device and detention to limit the 100-year ARI post development flow to the 5-year ARI pre development flow for site discharge. Stormwater detention is to be provided in reserves and roadways only to the satisfaction of Council. • Provide detailed civil design documentation prepared by a suitably qualified engineer to be provided to the satisfaction of Council prior to Section 51 clearance. • Provide detailed landscape plans prior to the satisfaction of Council prior to Section 51 clearance. • Provide a Biodiversity Management Plan to the satisfaction of Council prior to Section 51 clearance.
The following notes are to be included: • Council is not accepting of detention tanks on allotments as part of preparation of the stormwater management plan. • Council is not accepting of a playground in the lower gully environment and does not seek a playground on this development site. Walking and cycling tracks should be provided for future connection to through the gully to future residential areas to the east and west of the development site on both sides of the gully in accordance with the objectives of Council’s Walking and Cycling Plan 2018-2028. • The applicant is to contact Council’s landscape coordinator to discuss verge treatment as part of development of the detailed landscape plans.
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• The gully land is to be free of pest vegetation species, weeds and revegetated to the satisfaction of Council prior to Section 51 clearance. Refer to Addendum 1 to Councils Standards and Requirements to Land Division / Land Development guideline to assist in preparation of the Biodiversity Management Plan, which can be downloaded from Councils website. Heritage Advisor The current proposal is not supported for the following reasons: • The open rural setting of Bentley is compromised; • The separation of the development from Bentley should be increased to beyond the original tree line; • Traditional views from Bentley over the lower ground to the west and south is compromised; • The density of development appears greater than contemplated in Desired Character of the zone; • Information on the compatibility of built form is required; • Information on proposed excavation, cut, fill and retaining structure is warranted. Open Space • Initial investigations of the site indicate that the area of Coordinator development, in particular the gully area or “sections of creek”, are of greater value and expanse to endemic flora and fauna than the study area within the GELR report. • Whilst the proposed development plans do not show a large area of direct encroachment; the proposed stormwater Detention basin being of greatest impact, the indirect impacts upon the adjacent endemic flora and fauna do require greater enquiry. • The nominated KBR report Gawler East Ecological Survey 20 August 2010, whilst it discusses similar flora and fauna association matters that are indicative of those present on site, the study area is outside the area covered by this application. • In saying this it is considered imperative that the developer provide a thorough ecological report into the development site prior to further approval or development consent. Consulting arborist • It is recommended that tree retention on site be directed by the overall value of the tree.
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• There was disagreement between the two arborists over which trees were controlled. • The 53 trees assessed vary in quality across the site however it is clear that most of the high value trees are located within the lower south western portion of the site. • The subdivision layout may require the removal of some of the trees in order to accommodate new roads. The loss of some of these controlled trees may be avoided with re-alignment of the proposed roads within the subdivision layout. • A number of additional trees may be required to be removed in order to allow for adequate building envelopes. The loss of these trees may be avoided by incorporating these trees into larger allotments or reserves.
A copy of the internal heritage referral is contained within Attachment 6
8. ASSESSMENT
8.1 The zoning of the land and relevant provisions
The following Town of Gawler Development Plan Objectives and Principles of Development Control (PDC’s) were considered in the assessment of this application:
Table 5: Development Plan April 30 2015 Zone Residential Hills Zone Section Objectives Principles of Development Control Council Wide: 1 1, 2, 4, 7, 8, 9, 10 Appearance of Land, Buildings and the Public Environment Form of Development 20, 21, 22 46, 47, 48, 49, 50, 52, 53 Infrastructure 33, 34, 35, 36, 37, 38 83, 84, 85, 86, 87 Contaminated Land 41 Energy Efficiency 18 42 Heritage Conservation 12 35, 36 Interface Between Land 39, 40 97, 98, 101, 103 Uses Land Division 41 108, 109, 110
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Natural Resources 52, 53, 54,55, 56, 57, 59, 60 127,128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139,140, 141, 142, 143, 146, 149, 151 Open Space and 61, 62, 63, 64 167, 168, 169, 170, 171, 172, Recreation 173, 174, 175, 176, 177, 178, 179, 180, 181 Public Utilities 68 206 Regulated Trees 69, 70 207, 208, 209 Residential 74, 75, 76, 77, 78, 79, 80, 81 214, 215, 216, 217, 218, 219, 220, 222, 223, 225, 226, 227, 228, 229, 233, 234, 235, 236 Significant Trees 84 305, 306, 307 308, 309 Sloping Land 85 310, 313 Transportation and 86, 81, 87, 88, 89 316, 317, 318, 319, 323, 324, Access 326, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 344, 353 Transportation 92, 93, 94, 95, 96 359, 362, 366, 367, 368, 369, 371 (Movement of People and Goods) Waste 97, 98 372, 373, 374, 375, 376, 377, 381, 382 Tables Ga/5 Structure plan Gawler East Structure MAP Gawler East Development Ga/1 (Overlay 1) Constraints Concept Plan Figure Enlargement G CoP/5 Zone: 1, 2, 3, 4 1, 3, 4, 5, 6, 8, 9, 10, 11, 22, 24, Residential Hills Zone 25, 26
8.2 Intended Use of Land / Desired Character / Design layout
8.2.1. Objective 1 of the Residential Hills Zone supports residential development “primarily comprising of detached dwellings at low densities”. The desired character statement goes on to state that the predominant dwelling form should be detached dwellings in order to adhere better to the natural slope of the land. The proposed division is to create 71 Torrens Title allotments, all of which are suitable to accommodate detached dwellings.
8.2.2. The desired character statement recognises that the zone can accommodate a range of allotment sizes particularly on land which is not topographically steep. The proposed division demonstrates this by including smaller allotments (350m2 – 450m2 approx.) on flatter ground towards the entrance of the subdivision, while land
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further west towards the gully is set on larger allotments allowing more space for future dwellings with stepped floorplans and split level design. Although the Residential Hills Zone allows for allotments of a minimum size of 250m2, the proposal at hand has appropriate regard for the topography of the site and doesn’t push the boundaries in terms of minimum site areas.
8.2.3. The proposed land division is to be undertaken in a coordinated manner which is not considered to hinder future development within the locality. The proposed public road provides a 22 metre (collector road width) wide link to the adjoining land to the north as well as a road to the south if either of these parcels of land were to be subdivided in the future. This integrated approach is supported by Principle of Development Control 24 of the Residential Hills Zone and Council Wide Principle of Development Control 109.
8.2.4. As the proposal divides the land in a manner which is intended to be utilised for detached dwellings and are allotments of a variety of sizes, the proposal is considered to be an appropriate and desirable form of development within the Residential Hills Zone. It is recognised that some earthworks will be required to accommodate future dwellings. However, the proposed allotments are large enough to achieve this in a manner which will not be visually obtrusive to the locality. This is consistent with other recent residential development which has taken place within the locality, most notably the Woodvale housing estate.
8.2.5. Unfortunately the proposal fails to achieve design technique 216.1 which states that “A land division comprising more than 20 allotments should have at least 80 percent of allotments orientated so that their long axis conforms with figure 1” (below). The majority of the allotments fall approximately 10 degrees short of the suggested orientation. Although this is unfortunate, the layout of the road network is appropriate given the gradient of the site. Furthermore, the proposed division creates allotments of a reasonable size, greater than what is typically seen for large scale subdivisions. The greater allotment size will assist future occupiers design their dwellings in a manner which takes advantage of the available sunlight.
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8.3 Site Contamination
8.3.1. Council Wide Principle of Development Control 41 states that “development should not occur where contamination has been identified or is suspected unless the site has been assessed to be suitable for the intended use or remedial work is undertaken to make the site suitable for the intended use.”
8.3.2. The applicant provided a Site History Report which reviewed all Potentially Contaminating Activities (PCA) which may have taken place on the site. Two PCAs and two activities of environmental significance were identified as possibly taking place on site. These involved soil importation, waste burial, agricultural activities and pest management. Despite these activities being considered, the report prepared by LBW Environmental Projects concluded that “the potential for identifying unacceptable site contamination that could pose a significant risk for future residential use was assessed to be low”.
8.3.3. As some PCAs were identified, in addition to the Site History Report the applicant supplied a soil testing report to investigate the conclusions of the Site History Report. The soil testing that was undertaken concluded that site contamination does not exist at the site and that the possible PCAs had not in fact taken place.
8.3.4. Due to the extensive investigations carried out by the applicant, the land is considered suitable for the intended residential use as required by Council Wide Principle of Development Control 41.
8.3.5. As part of the proposal the applicant has supplied an Environmental Management Plan (EMP) which details certain controls which will be put into place in order to
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mitigate any potential harm to the environment during the construction process. The EMP has been reviewed by the EPA and is deemed acceptable. The requirements of the EMP have been incorporated as a condition of approval as requested by the EPA. A copy of the Environmental Management Plan is contained within Attachment 11.
A copy of the site history and contamination reports are contained within Attachment 10.
8.4 Ecological Assessment
8.4.1. The applicant has relied on an ecological assessment carried out by EBS Ecology which was commissioned for investigations into the construction of the GELR. This report undertook an assessment of the greater locality and included the subject land. The report focused on flora and fauna within the Gawler East area and whether the proposed GELR had the potential to impact upon these habitats. A copy of this report can be found within Attachment 3.
8.4.2. One of the main findings of the EBS Ecology assessment was the potential habitat for the Flinders-Rangers Worm Lizard (FRWL) which is listed as a vulnerable species within the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.
8.4.3. The EBS Ecology report identifies the gully area of the subject land as having the “best habitat” for the FRWL. Overall the GELR project was assessed as not having a significant impact upon the FRWL or any other vulnerable flora or fauna.
8.4.4. As part of the assessment process Council requested that the applicant provide a site specific ecological assessment to expand on the EBS Ecology assessment, in particular the proposal’s impact upon the habitat identified in the EBS Ecology report. The applicant has committed to undertaking this post approval, prior to Section 51 Clearance. The applicant will be required to undertake habitat improvement works as part of their biodiversity management plan in line with the recommendations of the EBS Ecology report.
8.4.5. Although it would be ideal to have the site specific ecological assessment completed at this stage, Council staff are cognisant of the cost and time that it would take to prepare. Considering that the area of sensitivity is located within the proposed location of open space and that the applicant has committed to carry out a full ecological assessment and Biodiversity Management Plan prior to Section 51
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Clearance, Council staff are accepting of the approach. This has been reinforced via condition. This will ensure that Council Wide Objectives 11, 13 and 14 seeking to ensure that environmentally significant or sensitive areas are retained and protected is achieved.
8.5 Trees
8.5.1. As part of the proposal the applicant seeks the removal of 14 regulated trees, four of which achieve significant status due to their circumference. For clarity, the trees proposed to be removed are listed below:
Table 6: Tree Status Development Retention value Retention value Impact (Arborman) (Dean Nicolle) 7 Regulated Major Low Not worthy 8 Significant Major Moderate Scarcely worthy 12 Regulated None Moderate Moderate 13 Significant Major Low Moderate 14 Regulated Major Moderate Moderate 15 Regulated Major Moderate Moderate 16 Regulated Major Moderate Moderate 17 Regulated Major Moderate Moderate 28 Regulated Major Low Scarcely worthy 30 Not N/A N/A N/A Controlled 31 Regulated Major Low Not worthy 32 Significant Major Low Moderate 33 Regulated Major High High 37 Significant Major High High 49 Regulated No impact Moderate High
Note: for clarity the assessment of Dean Nicolle was adopted when assessing the status of the trees. This results in Tree 30 not requiring assessment as it was not identified as a Controlled tree.
8.5.2. The applicant has supplied an arborist report compiled by Arborman Tree Solutions which recommended the removal of thirteen Regulated Trees, four of which are considered to be Significant Trees. Council subsequently commissioned consulting arborist Dean Nicolle who disagreed with the status of some of the trees an also identified additional trees which may be impacted by the proposal.
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8.5.3. Council’s consulting arborist recommended re-alignment of the roads within the proposed subdivision and re-alignment of allotment boundaries in order to avoid removal of trees. The scheme however has been carefully designed with the slope of the land in order to obtain a road gradient suitable for a public road. It is assumed that relocation of the road was not undertaken for this reason.
8.5.4. In discussions with Council staff a number of trees were identified as being problematic in terms of available building envelope or restricting access to the site. As a result of these conversations, trees 49 and 12 were included as trees requested for removal due to their locations and future dwellings having a constrained building envelope due to their Tree Protection Zones. Trees 29 and 35, although subject to similar encroachment have not been requested for removal. As such they will need to be closely monitored during the construction process to ensure their health and stability.
8.5.5. The proposal maintains much of the existing mature vegetation within the proposed area of Open Space which is of more importance ecologically than the balance of the land and provides habitat value. Additionally the mature stand of vegetation fronting One Tree Hill Road is to be retained and as such, the view of vegetation from existing areas of public space are not impacted by the removal of the regulated trees.
8.5.6. Considering the Residential Hills Zoning of the land the removal of the Regulated Trees is considered to be somewhat expected and in balance with reasonable development in accordance with Council Wide Objective 74 and Principle of Development Control 208(d).
8.5.7. A copy of the arboricultural assessments are contained within Attachment 9 (Dean Nicolle report) and Attachment 8 (Arborman report).
8.6 Heritage Impact
8.6.1. A Local Heritage Place “Bentley” is located on the subject land. The Development Plan describes listing of Bentley as being “The historic form and fabric of the dwelling, previous school and various historic outbuildings”. The heritage listed buildings and structures have limited visual presence from the street due to dense vegetation and its generous set-back of approximately 30m. As a result of this
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division the entirety of the Local Heritage Place is absorbed within proposed allotment 69.
8.6.2. The applicant supplied a Heritage Impact Assessment from DASH Architects which discussed the context and setting of the Local Heritage Place and any potential impacts resulting from the proposed land division. The DASH report argues that the proposed boundary alignment maintains the integrity of the setting of the LHP as its setting has been fragmented by the later construction of a tennis court and a looped driveway.
8.6.3. As a result of Council’s Heritage Advisors comments, proposed “Reserve B” was absorbed into allotment 69 to increase the curtilage around the LHP. However as this was only to the rear of the LHP and the curtilage was not increased to either side of the LHP, Council’s Heritage Advisor remains opposed to the division. Of most concern was the proposed allotment 67 and its affect upon the setting of the LHP. This concern was raised with the applicant. However, it was communicated that there was sufficient justification of the location of the boundary, further explained in the Heritage Impact Assessment (HIA) by DASH Architects.
8.6.4. The proposal retains the items of historic significance on one large allotment. Although the proposed boundary of allotment 67 does encroach closer to the LHP than Council’s Heritage Advisor recommends, it is not expected to have an adverse impact upon the setting of the LHP. The eastern and southern boundaries of the LHP are retained and the land between Gawler One Tree Hill Road and the LHP remains undeveloped. On balance, impacts to the LHP are considered to be negligible and the proposal is in line with the relevant Development Plan criteria regarding heritage conservation.
A copy of the heritage assessments are contained within Attachment 6 (Council referral) and Attachment 7 (DASH HIA).
8.7 Road Network
8.7.1. The applicant has included a 0.1m reserve strip to allotments 61, 62, 63, 64, 65 and 66 in order to restrict vehicular access to Gawler One Tree Hill Road as these allotments have rear of allotment access to a proposed road. This will assist in maintaining the amenity of the view of the site from Gawler One Tree Hill Road.
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8.7.2. Council’s engineering staff also requested that allotment 69 be subject to the same 0.1m reserve strip fronting Gawler One Tree Hill Road to restrict access. The existing vehicle crossover for this site will be the point of access for the subdivision and as such no longer located on the title of the LHP. Gaining access from the rear of allotment 69 isn’t deemed appropriate as in order for this allotment to obtain vehicular access from the rear some existing mature vegetation and Regulated Trees may be impacted by a vehicle crossover in this location. Furthermore, existing outbuildings (which form a part of the heritage listing) have been utilised for vehicular garaging and are located towards the front of the site meaning to access these buildings from the rear of the site is problematic in terms of vehicle manoeuvrability. As the dwelling currently gains access from Gawler One Tree Hill Road it is considered appropriate that this continues via a new access point. The applicant is required to seek council approval under section 221 of the local government act at which time Council engineering staff will be able to review the most suitable location for point of access.
8.7.3. The applicant has supplied a Traffic Assessment Report from CIRQA which has been reviewed by Council’s engineering staff. The report details the following:
8.7.3.1 The proposal complies with the appropriate Australian Standards and road design guidelines. 8.7.3.2 Creates suitable access to Gawler One Tree Hill Road and provides appropriate sightlines taking into account its 80km/h speed limit. 8.7.3.3 Allows adequate turning areas.
8.7.4 Council’s engineering staff are satisfied with the proposed road network with the exception of the road terminating adjacent to Allotment 7. This section of road does not appear to meet the required turn around area. A condition has been included to ensure compliance with the Minister’s Code for construction in Bushfire Protection Areas, this is discussed further below. Generally the proposed land division meets the Principles and Objectives of the Development Plan which relate to public roads and integration into the existing road network including CWPDC’s 222, 317, 319 and 323. It is recognised that the alignment of the proposed public roads takes advantage of the north-west to south-east land contours as much as possible. It is recognised however that some level of earthworks and retaining will be required during construction, particularly the road adjacent to the proposed public reserve.
8.7.5 A copy of the Traffic Assessment Report is contained within Attachment 15
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8.7.6 The subject land is located within a General Bushfire Risk Area. The General area is the lowest risk of the bushfire hazard areas. However, new dwellings are required to meet certain criteria contained within the National Construction Code to improve fire safety. Additionally, subdivisions should meet the road width requirements contained within the Minister’s Code for Undertaking Development in Bushfire protection Areas. It appears that the subdivision meets the requirements of the Code in terms of road width. However, it hasn’t been demonstrated that the road network has suitable turn around areas for emergency service vehicles. It has been conditioned that the applicant demonstrate compliance with the code and provide Council with this documentation for Council’s engineering staff to review prior to Section 51 Clearance. If minor amendments are required to the layout of the division they are not expected to be to an extent which would impact the overall merits of the proposal.
8.8 Infrastructure and Stormwater Management
8.8.1. A 4 metre wide easement for drainage purposes is shown on the Intrax Stormwater Layout Plan however this does not appear on the Plan of Division. If easements are required once storm water management details are finalised in consultation with Council Engineers, their locations can be shown during the detailed design phase of the post approval process. The site is expected to manage storm water disposal in a manner consistent with Council Wide Principles of Development Control 233 and 234. A copy of the Concept Intrax plans are contained within Attachment 12.
8.8.2. The applicant has agreed to enter an Infrastructure Agreement with Council regarding construction on Council land and future Council land. The intricate details of this shall be finalised prior to Section 51 clearance. This will ensure that the developer’s obligations will be met and that the works are up to the appropriate standard.
8.8.3. The proposal includes a Detention basin adjacent to the proposed linear reserve. The Structure Plan (MAP Ga/1 (Overlay 1) Enlargement G) recommends ‘Creek Alignment incorporating storm water detention basins’. The detention basin has an area of 727m2 and is proposed to be located adjacent to the southernmost road, close to the existing the gully. The basin is proposed to discharge into the watercourse via a stepped gabion overflow. Accordingly, the proposal is consistent with the structure plan for the area and Residential Hills Zone PDC 3.
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8.8.4. A Stormwater Management Plan was supplied by Intrax Consulting Engineers. The storm water detention scheme involved the construction of a detention basin within the linear reserve as well as each allotment, including 10,000L detention tanks as part of future dwelling applications. Council flagged this method of detention as problematic as requiring future owners of dwellings to supply large detention tanks would require a Land Management Agreement. Council’s engineering staff prefer the option of oversized pipes within the road storm water system to provide the required detention. Engineering staff have requested a revised Stormwater Management Plan is supplied to Council prior to Section 51 clearance. A copy of the Concept Intrax plans are contained within Attachment 12.
8.8.5. As required under Section 33 of the Development Act 1993, the applicant will be required to provide all necessary water supply and sewerage services. SA Water have requested a dedicated sewer pump station with a dimension of 14.5metres x 10metres is provided within the subdivision. The location of the sewer pump station is shown on the plan of division in the western corner of the site as being 287m2.
8.9 Amenity
8.9.1. The proposal includes boundary treatments and an entry statement to the proposed entrance on Gawler One Tree Hill Road. The entry statement involves the construction of stone walls either side of the entrance road, construction of stone columns and timber post and rail infill. This will create a pleasant entry to the subdivision and is consistent with the rural setting of Gawler One Tree Hill Road. The construction of this fencing will be secured via a future Land Management Agreement.
8.9.2. The proposal includes the regeneration and maintenance of the gully area which will become a public reserve. Future subdivisions within the locality will likely allow the continuation of this linear reserve into an integrated area of public open space incorporating recreational walking paths. As this area is currently held as private property, the proposal to transfer this section of the gully to public ownership improves the amenity of the area for nearby residents.
8.9.3. The proposal does not interfere with the existing mature stand of trees adjacent to Gawler One Tree Hill Road.
8.10 Topography and Earthworks
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8.10.1. The site has a sloping topography from east to west which is more pronounced towards the gully area at the west of the site. This topography is typical of land within the Residential Hills Zone which forms part of the character of the zone. The zone recognises the undulating nature of the land in its desired character statement and encourages built form to minimise alterations to the natural landform.
8.10.2. The proposal includes some earthworks and retaining walls within Stages 2 and 3 to ensure the proposed allotments are of a suitable grade for residential purposes. Two retaining walls of 1 metre high each are proposed to be located between allotments 8-25 and 26-42. This will result in these allotments having gradients of between 10% and 15.7%. This is a suitable grade to accommodate future dwellings, although some dwellings may need site specific designs (i.e. Slplit level designs) in order to take advantage of the topography. Despite this, these allotments are considered to be fit for purpose. No retaining walls however are proposed as part of this application for allotments 1 – 7 which have a cross fall of approximately 2 – 3 meters between each allotment. It will be the responsibility of future owners of these allotments to bench the sites, this will be assessed within future built form applications.
8.10.3. All retaining walls are proposed to be under 1metre in height and as such are not considered to be development within their own right. However, as the earthworks on site are required to form suitable bench levels the works have been included within this application. The applicant has stated if retaining walls greater than 1metre in height are found to be required during the detailed design process, an application for these walls will be lodged at a later date. Additionally, if fencing is proposed on top of these retaining walls and has an overall combined height of greater than 2.1m, a development application will be required to be lodged at a later date.
8.10.4. Residential Hills Zone Principle of Development Control 27 states “To protect against bushfire, dwellings should not be sited within 40 metres of a slope greater than 20 degrees, where the length of the slope is greater than 10 metres and covered by unmanaged vegetation.” A number of allotments within Stage 3 of this proposal are within the mentioned 40 metre line. This provision however is considered redundant in this circumstance as the gully area is to be maintained by Council and will be maintained to a suitable standard.
A copy of the earthworks plan is contained within Attachment 13.
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8.11 Open Space
8.11.1. Section 50 of the Development Act 1993 requires that for all land divisions creating more than 20 allotments at least 12.5% of the land shall be public open space. Council Wide Principle of Development Control 174 requires that no more than 20% of the land allocated as Open Space have a slope in excess of 1-in-4 unless the public open space forms part of a regional integrated open space network.
8.11.2. A reserve area of some 2.774ha hectares is to be created adjacent to an existing gully. This Reserve also runs parallel to the site’s south-western boundary. 1.405ha of the proposed reserve is land with a slope greater that 1:4 and as such the reserve has a useable area of 1.369ha. This means that the useable Open Space proposed is 13.5% of the total site, exceeding the 12.5% open space requirement. Furthermore all of this 13.5% of the land has a suitable gradient not exceeding 1-in- 4.
8.11.3. Council Wide Objective 77 expresses a desire for “Public open space that provides diverse recreational opportunities.” The landscape concept plan shows a playground located within the proposed reserve. This was rejected by Council’s Open Space staff as this location may not be suited strategically to accommodate such a playground. The final arrangements for what recreational facilities (if any) are to be supplied for this Open Space by the applicant will be discussed with Council’s Open Space Team during the detailed design phase.
8.11.4. The proposed location of open space is fortuitous as it provides easy pedestrian and cycling links into other parcels of land. If these parcels of land are developed into the future it will add to the network of linear open space within the newly developed areas of Gawler East and the Residential Hills Zone.
8.11.5. The proposed Open Space is consistent with the direction given by the Gawler Open Space Sport and Recreation Plan 2025 Directions Report (GOSSRP). It outlines that Open Space within this area should be limited to the ‘high environmental significance area’ that effectively forms the land along the water course. The location of the Open Space provides an area which includes remnant vegetation and is of high biodiversity value.
A copy of the open space concept plan is contained within Attachment 14
8.12 Land Management Agreement (LMA) and Infrastructure Agreement
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8.12.1. As mentioned previously the applicant seeks to construct an entry statement and fencing consistent with the rural flavour of Gawler One Tree Hill Road. To ensure that this is undertaken and maintained, Council has sought a LMA. The applicant has committed to such an agreement and it has been conditioned that the LMA is finalised prior to Section 51 clearance.
8.12.2. Additionally, an Infrastructure Agreement is required to be entered into to ensure that works are carried out in accordance with the relevant standard. The applicant has agreed to this conceptually while the finer points will be agreed upon prior to Section 51 clearance. The Infrastructure Agreement will be tied to the land via the Land Management Agreement.
8.13 Financial Contribution to the Gawler East Link Road
8.13.1. Land divisions within the Residential Hills Zone and the Gawler East Residential area are required to financially contribute to the Gawler East Link Road, traffic interventions and community infrastructure.
8.13.2. The payment of this contribution can either be done by way of deed or as a separate rate payable at Section 51 clearance. The method, timing and schedule of these payments have been negotiated between the applicant and Council’s Executive Team. The recommendation to the Panel is that Council’s decision of Approval be reserved until such time that fully executed deeds are finalized regarding these matters.
CONCLUSION When assessed against the relevant provisions of the Development Plan and having regard to the context of the locality and the nature of the proposed development, it is considered that the proposal, on balance, satisfies the relevant provisions of the Development Plan. The proposed division of land is a desirable, orderly and appropriate form of development within the Residential Hills Zone that would not significantly impact upon the areas scenic character, traffic safety or amenity of neighbouring properties.
Accordingly, the proposal warrants Development Plan Consent and Land Division Consent subject to conditions and the Reserved Matter being addressed.
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RECOMMENDATION
That the Town of Gawler Council Assessment Panel:
1. That having regard to the relevant provisions of the Gawler (CT) Development Plan, pursuant to Section 33(1) of the Development Act 1993, that the application is not seriously at variance with the Development Plan and; 2. That DEVELOPMENT PLAN CONSENT and LAND DIVISION CONSENT be GRANTED to Development Application 490/543/2015 by LIFESTYLE LAND DEVELOMENTS PTY LTD for LAND DIVISION (3 Allotments into 71), retaining walls, associated earthworks, future public roads, open space and removal of Ten (10) Regulated Trees and Four (4) Significant Trees at:
• Allotment 80 of Deposited Plan 31637 in the area named Evanston Park within the Hundred of Munno Para as recorded on the Certificate of Title Volume 5098 Folio 618;
• Allotment 81 of Deposited Plan 31637 in the area named Evanston Park within the Hundred of Munno Para as recorded on the Certificate of Title Volume 5786 Folio 841; and
• Allotment 13 of Deposited Plan 14779 in the area named Evanston Park within the Hundred of Munno Para as recorded on the Certificate of Title Volume 5456 Folio 200
subject to the following Conditions and Reserved Matters:
Reserved Matter:
The Council requires the following matters, which are reserved pursuant to Section 33(3) of the Development Act 1993, to be addressed to the satisfaction of Council staff:
(1) Provision to the Council of one or more fully executed deeds or agreements and associated Land Management Agreement(s) that commit the developer or future developers of the land to making infrastructure contributions (financial or in-kind) towards the Gawler East Link Road, community infrastructure and traffic interventions, on terms that are to the Council’s satisfaction. A full development approval will not be issued until satisfaction of this reserved matter.
(2) Provision of a stormwater management plan to the satisfaction of Council that includes but is not limited to stormwater quality improvement devices and detention to limit the 100-year ARI post development flow to the 5-year ARI pre development flow
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for site discharge. Stormwater detention is to be provided in reserves and roadways only to the satisfaction of Council. A full development approval will not be issued until satisfaction of this reserved matter.
(3) Provision of an ecological assessment and Biodiversity Management Plan to the satisfaction of Council for the management of the creek environment. A full development approval will not be issued until satisfaction of this reserved matter.
NOTE: Council reserves the right to attach further conditions to this reserved matters.
Council Conditions:
Development Plan Conditions
(1) That the development hereby approved shall be undertaken in accordance with Development Application number 490/543/2015 (490/D032/15), the approved plans, details, conditions and details therein.
REASON: To ensure the development is undertaken in accordance with the approved plans.
(2) All physical infrastructure services, including electricity and telecommunication services are to be provided underground.
REASON: To improve the character and amenity of the locality.
(3) Street and public area lighting shall comply in all respects with the Lighting Code AS1158 and the style and type of lighting shall be selected and constructed to the reasonable satisfaction of Council and SA Power Networks.
REASON: To ensure the roadways within the development are appropriately lit.
(4) The detailed design of all footpaths, roads and open spaces and other public areas shall comply with the requirements of Gawler Councils Standards and Requirements for Land Development document and the Disability Discrimination Act 1992 and to the satisfaction of Council.
REASON: For safe and convenient movement of people and goods.
(5) All costs for the design and construction of all infrastructure shall be borne by the owner/applicant. Following a certificate of practical completion from Council the owner/applicant shall be responsible for all maintenance for a period to be agreed with the Town of Gawler (defects liability period).
REASON: To ensure adequate infrastructure development by the developer.
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(6) During construction, precautions shall be taken to prevent the pollution of stormwater by mud, silt, dust or other debris from the site in accordance with EPA Code of Practice for the Building and Construction Industry.
REASON: To ensure the amenity of the locality is not impacted upon during construction.
(7) Site work, demolition work and building work shall be carried out only between the hours of 7:00am to 7:00pm Monday to Saturday. No work is permitted on Sundays, and as per EPA requirements for work of this nature.
REASON: To ensure the amenity of the locality is not impacted upon during construction.
(8) The road shall be designed and constructed in a manner to the satisfaction of Council, which allows safe and convenient property access via individual driveways considering horizontal and vertical sight distance and grade. This shall include allowances for driveway grade transitions, cut and fill for future dwellings.
REASON: To ensure that infrastructure is provided in accordance with Council requirements.
(9) All roads and associated intersections shall be designed in accordance with the requirements of AUSTROADS, the relevant Australian Standards and to the satisfaction of Council.
REASON: To ensure that infrastructure is provided in accordance with Council requirements.
(10) Pursuant to Regulation 117 of the Development Regulations 2008, Thirty two (32) replacement trees shall be planted in a location approved by Council and shall form a part of the final Open Space scheme for the development. The trees shall be an advanced trees at the time of planting and shall be maintained to the satisfaction of Council, with the trees being replaced with an approved trees should it become diseased, die or be significantly damaged in any way. Alternatively you will need to provide Council with a payment in to the Urban Tree Fund.
REASON: To ensure development is undertaken in accordance with the Development Act 1993 and Development Regulations 2008.
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(11) A Tree Protection Plan for the remaining trees on the site shall be devised and a project arborist shall be appointed to assist the installation of the tree protection prior to construction commencing.
REASON: To ensure the health of remaining Regulated vegetation.
Land Division Consent Conditions:
(1) Prior to Section 51 Clearance, a Land Management Agreement for boundary fencing shall be entered into between the developer and the Town of Gawler for all allotments abutting Gawler One Tree Hill Road.
REASON: To ensure that the aesthetic qualities and character of Gawler One Tree Hill Road.
(2) Prior to Section 51 Clearance, an Infrastructure Agreement for external works shall be entered into between the developer and the Town of Gawler as agreed.
REASON: To provide security for external infrastructure works.
(3) The applicant shall provide an updated Plan of division which provides a vehicle turn around are on Lot 6 for emergency services and refuse trucks in accordance with the Ministers Code for Undertaking Development in Bushfire Protection Areas. This shall be provided prior to Section 51 Clearance.
REASON: To ensure the development is in accordance with the Ministers Code for Undertaking Development in Bushfire Protection Areas.
(4) A detailed Open Space Plan shall be provided to Council prior to Section 51 clearance being issued for all areas of open space to the satisfaction of Council.
REASON: To ensure that open space is provided in accordance with Council requirements
(5) The applicant shall provide detailed civil design documentation prepared by a suitably qualified engineer to be provided to the satisfaction of Council prior to Section 51 clearance.
REASON: To ensure that infrastructure is provided in accordance with Council requirements
(6) Drainage outlets to mountable kerbs and gutters are to be constructed on the low side of all allotments in accordance with Council Standard Detail SK-307.
REASON: To ensure that infrastructure is provided in accordance with Council
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requirements
(7) Prior to Section 51 Clearance, street name signs shall be erected at the owner's/applicant’s expense, to the satisfaction of Council in accordance with Councils Standard drawing SK- 604.
REASON: To ensure that infrastructure is provided in accordance with Council requirements
(8) Construction of all road, stormwater and footpath infrastructure is to be in accordance with the following construction hold points with a minimum of 48 hours’ notice given to Council to attend site:
i. Stormwater Hold Points – Excavation; pit and pipe installation; and backfill material
ii. Road Hold Points – Subgrade inspection, Subbase inspection, Basecourse inspection; and asphalt installation
iii. Footpath Hold Points – Formwork prior to concrete pour
REASON: To ensure that infrastructure is provided in accordance with Council requirements
(9) Prior to the commencement of construction, an appropriate Construction Management Plan shall be submitted to and approved by Council which mitigates or minimises potential impacts during the construction phase including but not limited to noise, dust and safety concerns raised within the Environmental Management Plan.
REASON: To ensure the amenity of the locality is not impacted upon during construction.
(10) “As constructed” drawings shall be provided to the Town of Gawler prior to the date of Practical Completion in respect of all infrastructure constructed as part of the development approval herein. The drawings shall be provided in hard copy format and electronic “DWG” or “DXF” and “PDF” format, in accordance with Council’s minimum ‘As-Constructed’ drawings Guidelines.
REASON: To ensure Council has adequate documentation assets vested to Council
(11) Filling on allotments to a depth greater than 200mm shall be compacted in accordance with AS 3798:2007 (Guidelines on Earthworks for Commercial and Residential Developments) and a compaction certificate by a suitably qualified person shall be provided.
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REASON: To ensure the development adheres to the relevant Australian Standards.
(12) Street trees shall be planted in accordance with Council Policy 7.12 (Street Tree Planting for New Land Divisions). The species and location of trees shall be to the satisfaction of Council and shall consider the common service trench location, street light location and setback from the kerb.
REASON: To ensure that infrastructure is provided in accordance with Council requirements
(13) Prior to Section 51 Clearance street and public lighting shall be provided to all streets and roads within the development and comply in all respects with the Lighting Code AS1158. Public street lighting shall be of Light Emitting Diode (LED) and style (unless otherwise approved by Council) and constructed to the reasonable satisfaction of Council and SA Power Networks.
REASON: To ensure the roadways within the development are appropriately lit.
(14) Closed circuit television video footage providing internal inspection of all stormwater pipe networks in DVD format must be provided to Council prior to date of Practical Completion.
REASON: To ensure Council has adequate documentation assets vested to Council
(15) Prior to Section 51 Clearance, it must be confirmed by survey that there is a minimum of 6 metres of separation between the centreline of the Port Campbell to Adelaide High Pressure Gas Pipeline and any boundary of any proposed residential allotment included within the Final Plan of Division, unless otherwise approved by Council.
REASON: To ensure compliance with AS2885
EPA Conditions
(16) The detailed design of the stormwater management system must be established in accordance with the Stormwater Management Plan and Stormwater Layout PIan prepared by lntrax Consulting Engineers, dated February 2017 and must:
a. meet the following water quality targets:
i. suspended solids (SS) - 80 percent retention of the typical urban annual[ load with no treatment
ii. total phosphorus (TP) - 60 percent retention of the typical urban annual load with no treatment
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iii. total nitrogen (TN) - 45 percent retention of the typical urban annual load with no treatment
b. ensure runoff is maintained at pre development levels
c. ensure groundwater resources are not impacted
d. mitigate flood risk
(17) Construction works must be conducted in accordance with the Environmental Management Plan prepared by lntrax Consulting Engineers (18 May 20'17) and the Construction Environmental Management Plan prepared by lntrax Consulting Engineers (February 2017) in order to mitigate environmental nuisance and prevent soiI sediment and pollutants leaving the site or entering nearby watercourses.
DPTI Conditions
(18) No stormwater shall be discharged to the land held by the Commissioner of Highways to the north of the site.
DAC Conditions
(19) The financial and augmentation requirements of the S A Water Corporation shall be met for the provision of water supply and sewerage services. (S A Water 90097/15). The necessary easements shall be granted to the S A Water Corporation free of cost.
SA Water Corporation further advise that an investigation will be carried out to determine if the water and/or sewer connection/s to your development will be costed as standard or non standard.
The developer is also advised that a sewerage pump station and pumping main will be required within the development with a dedicated allotment to SA Water for the pump station to measure 14.5m x 10m and have all weather access as per technical specification. The sewerage is then intended to gravitate along new gravity main 150DN approx 250m (to be constructed by developer) along Gawler-One Tree Hill Road to connect to existing gravity main in development 490/D068/12.
(20) 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.
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Development Plan Consent Notes:
• The owner/applicant is advised that a separate development application is required for the demolition of the structures indicated on the hereby approved plan of division and for the proposed entrance statement. • The owner/applicant is advised that any retaining walls exceeding 1m in height, or fence and retaining wall exceeding 2.1m combined height require Development Approval. • No access is approved from allotments 61, 62, 63, 64, 65 or 66 to One Tree Hill Road. All access shall be internal to the site for these allotments. • The owner/applicant is advised that a 221 permit is required to facilitate access to One Tree Hill Road from allotment 69.
Council Engineering Notes:
• Council is not accepting of detention tanks on allotments as part of preparation of the Stormwater management plan. • Council is not accepting of a playground in the lower gully environment and does not seek a playground on this development site. Walking and cycling tracks should be provided for future connection to through the gully to future residential areas to the east and west of the development site on both sides of the gully in accordance with the objectives of Council’s Walking and Cycling Plan 2018-2028. • The applicant is to contact Council’s landscape coordinator to discuss verge treatment as part of development of the detailed landscape plans. • The gully land is to be free of pest vegetation species, weeds and revegetated to the satisfaction of Council prior to Section 51 clearance. Refer to Addendum 1 to Councils Standards and Requirements to Land Division / Land Development guideline to assist in preparation of the Biodiversity Management Plan, which can be downloaded from Councils website.
EPA Notes:
• The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practicable measures to ensure that the activities on the whole site, including
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during construction, do not pollute the environment in a way which causes or may cause environmental harm. • EPA information sheets, guidelines documents, codes of practice, technical bulletins etc can be accessed on the following web site: http://www.epa.sa.gov.au • Guidance for the building and construction industry on pollution prevention of waters can be found by referring to the 'Handbook for Pollution Avoidance on Building sites' http: //www.epa.sa.gov.au/pdfs/building_sites.pdf and the 'Stormwater Pollution Prevention Code of Practice' http:/ /www.epa.sa.gov.au/pdfs/bccop1 .pdf
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Item Number 6.1 Title INFORMATION ITEM - APPEAL MATTERS Date 12 June 2019 Author(s) Team Leader Development Services
Officer DAP Appellant Name Issue Address Decision Decision Status Next Action
NIL
RECOMMENDATION:
That the contents of this report be received and noted.
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Item Number 6.2 Title INFORMATION ITEM – MATTERS PREVIOUSLY DEFERRED Date 12 June 2019 Author(s) Team Leader Development Services
Deferral Application Proposed Development Applicant Address Officer Status Date 490/230/2017 9 October Removal of four (4) S Giannitto 113-129 Main Jessica Land division application lodged and is 2017 Regulated Trees (Aleppo North Road Lewig under assessment. Development Pines) Willaston application number is 490/122/2018.
RECOMMENDATION:
That the contents of this report be received and noted.
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Item Number 7.1 Title COUNCIL ASSESSMENT PANEL ACCREDITATION Date 12 June 2019 Author(s) Senior Development and Strategic Planning Officer Jane Strange Reference CC19/52; CR19/36339; CR19/36336; CR/33637 Attachment/s Attachment 1 - Accreditation Authority's Qualifications, Skills & Experience Requirements for Accredited Professionals Attachment 2 - Guide to the Accredited Professionals Scheme - Guide to the Accredited Professionals Scheme
OFFICER’S RECOMMENDATION
Item 8.1 – Council Assessment Panel Accreditation
That the Council Assessment Panel notes the Council Assessment Panel Accreditation Report.
1. BACKGROUND 1.1. The state of South Australia has been undergoing transition to a new planning system under the Planning, Development and Infrastructure Act 2016 (the Act) over the past four years. 1.2. The Accredited Professionals Scheme became operational on 1 April 2019, following a period of extensive consultation. 1.3. Under this Scheme, independent members of the Council Assessment Panel will be required to become accredited by the Accreditation Authority under the Act by the end of this year, with an exact date still to be proclaimed. 1.4. Council members are not required to be accredited under the Scheme.
2. COMMENTS/DISCUSSION 2.1. The qualifications, experience and technical skills required for each class of accreditation are determined by the Accreditation Authority under Regulation 5 of the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019 (the Regulations). The Accreditation Authority (the Authority) is the Chief Executive of the Department of Planning, Transport and Infrastructure (DPTI).
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2.2. The Authority may also approve alternative qualifications, experience and technical skills on a case-by-case basis and may grant conditional accreditation in particular circumstances. In order to be eligible to sit on an Assessment Panel, independent members will be required to be accredited at Planning Level 2. 2.3. If an independent member is a member of a professional association or body that provides an equivalent scheme for the recognition of qualifications, experience and technical skills recognised by the Accreditation Authority under Regulation 16 of the Regulations. 2.4. The following table shows the currently recognised equivalent schemes.
CLASS RECOGNISED EQUIVALENT SCHEME
Accredited professional — Full Member PIA Registered Planner planning level 2
2.5. The Authority may also approve other schemes provided they meet the relevant criteria for professional accreditation. 2.6. Planning Level 2 requires the following qualifications and experience: 2.7. Relevant planning qualification as determined by the Accreditation Authority under regulation 5 of the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019 and a minimum 2 years full time or equivalent experience considered appropriate by the Accreditation Authority and covering at least 6 months experience in at least three of the technical skills applying to a Level 1: Assessment Manager
or
2.8. Qualification in a planning related field (e.g. architecture, engineering, environmental management, law, construction management, land surveyor) and membership of an allied industry body to the satisfaction of the Accreditation Authority together with 2 years full time or equivalent experience considered appropriate by the Accreditation Authority and covering at least 6 months experience in at least three of the following technical skills: • Planning or planning related policy development, review and/or policy interpretation and advice. • Communication, negotiation and/or mediation for planning or planning related outcomes with stakeholders.
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• Designing and/or delivering community engagement of planning or planning related matters. • Administration and/or leadership of urban and regional governance. • Project management of planning or planning related matters. • Recognised equivalent scheme 2.9. Persons may be eligible for this level of accreditation if they are a member of an equivalent scheme recognised by the Accreditation Authority that requires members to hold a planning or planning related tertiary qualifications together with 2 years full time or equivalent experience, covering at least 6 months experience in at least three of the planning level 1 technical skills. 2.10. The technical skills required for Level 1 Accreditation are: • Plan making, including strategic planning, master planning and structure planning. • Planning policy development, review and/or policy interpretation and advice. • Plan implementation including development assessment and statutory planning. • Place-making and urban design. • Assessment of impacts and effects of policy and development actions including environmental, social, cultural, transport, built form, and economic. • Land use assessment and management, including planning for climate change mitigation and adaptation and the assessment of natural resources. • Research, evaluation and publishing of urban and regional related planning matters. • Teaching of planning. • Planning expert witness and/or advocate. • Communication, negotiation and/or mediation for planning outcomes with stakeholders. • Designing and/or delivering community engagement of planning related matters. • Administration and/or leadership of urban and regional governance. • Preparation and/or prosecution of planning law. • Project management of planning related matters.
3. APPLICATION PROCESS 3.1. To become an accredited professional, the practitioner must apply to the Accreditation Authority. The application can be lodged online on the SA Planning Portal.
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3.2. All applications will be evaluated by the Accreditation Authority, which may rely on advice from a current service provider engaged by the Accreditation Authority. 3.3. Applicants will become accredited once they have demonstrated they are suitably skilled and qualified, that they hold (or will hold) an appropriate level of insurance and pay the appropriate application fee. 3.4. Required documentation for the application is as follows: • Photo ID (Driver’s Licence or Passport) • Curriculum Vitae • Referees Details • A completed Statutory Declaration (can be downloaded from SA Planning Portal) 3.5. The applicant may also require the following documentation (pending the level of accreditation and professional memberships held): • Professional Body Memberships (inclusive of recognised equivalent schemes) • Other Professional Accreditation held • Relevant qualifications held • Experience and technical skills (using the template on SA Planning Portal) 3.6. Accredited professionals are required to have the appropriate qualifications detailed by the Authority. The Accreditation Authority’s Qualifications, Skills and Experience Requirements for Accredited Professionals (Attachment 1) sets out the recognised qualifications for each accreditation level. 3.7. Proof of qualifications are required (where relevant) in the form of an academic parchment, transcript or other evidence showing successful completion. 3.8. If an applicant applying for accreditation does not possess the prescribed qualifications, the applicant should indicate any other qualifications which may be relevant to assist the Accreditation Authority in determining their application. 3.9. Accredited professionals are required to have the appropriate experience and technical skills detailed by the Accreditation Authority. 3.10. An applicant will need to provide appropriately detailed documentation as part of their application which demonstrates that they meet the experience and technical skills required for the accreditation level applied for. This may include, but is not limited to, a comprehensive and chronological description of their skills and experience, evidence of projects worked on and role within them, evidence of issued consents and examples/case studies of work completed, and how these address the appropriate technical skill.
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3.11. The Scheme requires accredited professionals to hold a policy for professional indemnity insurance that is reasonable and adequate, taking into account the amount and nature of work to be undertaken in the accredited professional’s role. 3.12. An accredited professional will need to provide evidence that their insurance has been maintained and is current at every annual compliance check. They may also be required to produce proof of insurance in between compliance checks, at the request of the Accreditation Authority. 3.13. All accredited professionals employed by a council will continue to be covered by the Local Government Association Mutual Liability Scheme. This will satisfy the requirement for professional indemnity insurance under the Scheme. If an employee of a council was to act as an accredited professional in a private capacity (i.e. outside their role as an accredited professional for a council), they would be required to ensure they have the appropriate level of accreditation and will need to obtain professional indemnity insurance for their accreditation to be valid in this context. 3.14. It is believed that professional indemnity insurance for CAP independent members will be covered by Council through the Local Government Mutual Liability Scheme. 3.15. An applicant applying for accreditation for the first time may not have professional indemnity insurance at the time of the application. An applicant may proceed with their application prior to having this insurance in place, however they will need to provide the Accreditation Authority with proof of their professional indemnity insurance for their accreditation to be registered.
4. APPLICATION AND EVALUATION 4.1. An application must be lodged in the correct form and accompanied by evidence that supports an applicant’s eligibility to become accredited in the class that has been requested. This will be an online form accessible through the SA Planning Portal. 4.2. The application fee will be required to be paid on lodgement of the application. This fee payment can only be made by credit card (MasterCard or Visa). 4.3. All applications for accreditation under the Scheme will be evaluated/assessed by either the Accreditation Authority or an approved assessment service provider. However, only the Accreditation Authority will have the authority to officially register an applicant as an accredited professional. 4.4. Conditions of Accreditation 4.5. As an ongoing condition of accreditation under the Scheme, practitioners will not only be expected to demonstrate that they have maintained suitable skills and qualifications, but will also be required to maintain an appropriate level of insurance; comply with the
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Accredited Professionals Scheme Code of Conduct; and notify the Accreditation Authority of any change to their professional circumstances. The Accreditation Authority may impose such other conditions on a particular accredited professional as it sees fit. 4.6. An accredited professional may, on application to the Accreditation Authority, request the variation of a condition to which the accreditation is subject. 4.7. Register of Accredited Professionals 4.8. Upon granting professional accreditation, the Accreditation Authority will include the accredited professional in the Register of Accredited Professionals on the SA Planning Portal. 4.9. The register will include: • the name and contact details of accredited professionals • qualifications held by each accredited professional • any condition or limitation that specifically relates to the accredited professional • any further information seen fit by the Accreditation Authority. 4.10. The register will be searchable by the public.
5. FEES 5.1. The fees relating to accreditation are:
FEES UNDER PLANNING, DEVELOPMENT AND INFRASTRUCTURE TOTAL (ACCREDITED PROFESSIONALS) REGULATIONS 2019
Application to the accreditation authority for accreditation under the regulations, other than if item 2 applies
(a) in the case of an application for accreditation as an Accredited $760 1 professional —planning level 1; and $560 (b) in any other case Application to the accreditation authority for accreditation under the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019 where the person is a member of a professional
association or body recognised by the Accreditation Authority for the
purposes of Regulation 16(2)(a) of the Planning, Development and
2 Infrastructure (Accredited Professionals) Regulations 2019 and the person $270 is applying as a member of that association or body for a corresponding level of accreditation under Regulation 16(2)(a)(ii) of those regulations Application to the accreditation authority for accreditation under
3 Regulation 19 of the Planning, Development and Infrastructure $180
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(Accredited Professionals) Regulations 2019 Late application fee under Regulation 19(3) of the Planning, Development
4 and Infrastructure (Accredited Professionals) Regulations 2019 $60
5.2. With regard to the fees applicable to accreditation of independent members of the Town of Gawler, responsibility for payment of all fees associated with their accreditation and continuing professional development will rest with the members of the CAP. 5.3. This is a standard approach being taken by most Councils in the State. However, Council is considering an increase to the independent CAP Panel Member sitting fees as part of the 2019/20 Council budget.
6. CONTINUATION OF ACCREDITATION 6.1. A person may apply to the Accreditation Authority for the continuation of an accreditation under the new Regulations. The application must: • be in the approved form • be supported by any information specified in the approved form • be accompanied by the relevant fee • be made at least 28 days but not more than two months before the date of expiry of the accreditation. 6.2. The Accreditation Authority may, determine a late application for continuation provided that the applicant pays the late payment fee prescribed by the Planning, Development and Infrastructure (Fees and Charges) Regulations 2019. 6.3. If an application for the continuation of an accreditation is not decided before the date on which the accreditation is due to expire, the accreditation continues in operation until the application is decided and, if the accreditation is continued, the continuation commences on the day after the date on which the accreditation would have expired. 6.4. The Accreditation Authority may refuse to consider an application for continuation if the application is made earlier than two months before the accreditation is due to expire.
7. CODE OF CONDUCT 7.1. The Minister for Planning will adopt an Accredited Professionals Code of Conduct to be observed by accredited professionals under the PDI Act. This provides guidance on the standards of conduct and professionalism expected with regard to all accredited professionals performing functions under the PDI Act. 7.2. A key requirement is that all accredited professionals must carry out, and be seen to carry out, their functions with the highest ethical standards so as to maintain public confidence in the integrity of accredited professionals.
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7.3. The Accredited Professionals Code of Conduct is the key tool to ensure that all accredited professionals act honestly and ethically with a high degree of accountability. Some accredited professionals may also be bound by codes of conduct or professional standards issued by professional bodies. Where there is a conflict between the Accredited Professionals Code of Conduct and any other professional code or standard, the Accredited Professionals Code of Conduct prevails for the purposes of the PDI Act. 7.4. Section 15 of the Act provides the framework for the general duties of all accredited professionals. 7.5. Broadly, it is expected that a person or body will: • act in a cooperative and constructive way • be honest and open in interacting with other entities under the PDI Act • be prepared to find reasonable solutions to issues that affect other interested parties or third parties • exercise professional care and diligence • act honestly and in an impartial manner • be responsible and accountable • comply with any code of conduct, service benchmark or other requirement that applies in relation to the person or body. 7.6. There are penalties associated with any breach of the Accredited Professionals Code of Conduct. 7.7. In performing any function as an accredited professional under the PDI Act, an accredited professional must comply with requirements one to 20 of the Accredited Professionals Code of Conduct.
8. CONTINUING PROFESSIONAL DEVELOPMENT 8.1. Accredited professionals need to maintain and enhance their professional knowledge and skills as their careers progress. New legislation, technology, roles and workplaces often require, and provide opportunities for, accredited professionals to undertake Continuing Professional Development (CPD). 8.2. The Accreditation Authority recognises that lifelong learning is a feature of each profession and the workplace. It supports learning about technical aspects as well as non-technical or ‘soft’ skills (e.g. leadership and project management). As accredited professionals progress in their careers, and as professions respond to increasing expectations by employers and the community, CPD provides a competitive edge and the capacity to work more effectively.
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8.3. CPD is not about ‘going back to school’ or attending seminars – the focus is on extending, enhancing and updating skills and knowledge for practice. The Accreditation Authority encourages accredited professionals to use diverse types of CPD to meet their personal needs, and to respond to the ever-changing nature of the professional environment. 8.4. The regulations define CPD as activities that: • are of significant educational, practical or technical value and are related to the activities of an accredited professional (taking into account the relevant class of accreditation under the regulations) • are conducted by a person with practical or academic experience in the subject covered by the activity • are relevant to the immediate or long-term professional development needs of an accredited professional who is undertaking the activity • comprise any of the following:
(a) attendance at, or presentation of, a lecture, seminar, conference, workshop, educational program or course (b) engagement (viewing or listening) in educational material presented as a part of a multi-media, web-based or recorded program; or (c) preparing material for any lecture, seminar, conference, workshop, educational program or course, or for any multi-media, web-based or recorded program. 8.5. Many accredited professionals will already be members of professional bodies such as the Planning Institute of Australia (PIA), the Australian Institute of Building Surveyors (AIBS) and the Royal Institute of Chartered Surveyors (RICS) and will already be familiar with the concepts of accreditation and CPD. These organisations require members to maintain and enhance their professional knowledge and skills through their CPD programs. 8.6. The Accreditation Authority’s CPD requirements are mandated by the regulations and may not strictly align with the CPD requirements associated with any particular institute or association. However, CPD points earned under the Scheme are likely to count towards the requirements of those associations/institutes. 8.7. To ensure the maintenance of professional standards of accredited professionals, there will be a requirement to meet prescribed CPD requirements on an ongoing basis. One CPD unit equates to one hour of professional development. 8.8. The requirements for CAP independent members are as follows:
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PLANNING LEVEL 2
10 CPD units in each 12 month period of which 4 CPD units must be completed from the following professional competencies: • 1 unit in performance based planning • 1 unit in decision making in development assessment • 1 unit in governance • 1 unit in ethics in planning.
8.9. The relevant kinds of CPD are shown below:
Category Type of CPD Conferences, Seminars, Lectures, Workshops & 1 unit per hour Capped at Study Tours a maximum of 8 Units Organised learning activities which enhance each calendar year A professional knowledge and skills, but do not include academic assessment. May be provided by PIA, AIBS or any other organisation and can be about planning or other work-related topics Self-guided Learning 1 unit per hour Capped at Individual or group activities to expand understanding a maximum of 8 Units of professional issues and processes or enhance work each calendar year related non-professional skills. Includes ‘structured’ B reading, self-taught courses and scheduled discussion sessions. Include viewing or listening to material presented as part of a multi-media, web-based or recorded program. Professional & Community Service 1 unit per hour Capped at Active involvement in committees and projects to a maximum of 8 Units C develop and promote the planning profession. Includes each calendar year involvement in editorial and peer review activities, mentoring programs and input to overseas aid programs. Formal Education & Training 2 units per hour D Classes and courses, face-to-face or by distance, No capping where formal, guided learning (lectures, reading or discussion) is followed by academic assessment. May be provided by a recognised educational institution, or by a specialist or professional association.
E Presentations, Papers, Publications & Instruction 2 units per hour Preparation of material for publication and/or No capping presentation (including professional conferences and seminars) to assist other planners’ learning. Includes preparation and presentation of any multi-media, web- based or recorded program. Also includes guest lectures in university planning classes.
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8.10. The onus is on the accredited professional to maintain accurate records of CPD completion and the accredited professional is expected to maintain clear and complete records, including: • date each activity was undertaken • activity undertaken (including type of activity, location and name of the provider as appropriate) • value of the activity (reflection on what was learned) • hours (length of time spent doing CPD) • category (CPD category A-E) • number of CPD units attained. CPD records must be maintained for at least five years after the end of the membership year to which they apply. 8.11. Professional indemnity insurance for independent members of the CAP will be provided by Council through the Local Government Mutual Liability Scheme, as is the current practise.
9. COMPLAINTS 9.1. Any person may make a complaint to the Accreditation Authority about an accredited professional within six months of the day on which the complainant believes that the incident occurred. This may be in relation to any of the following: • the accredited professional has failed to comply with, or acted in contravention of, the PDI Act or the regulations with respect to any matter associated with any assessment, decision, permission, consent, approval, authorisation, certificate or process that relates to any development (or proposed development) • the accredited professional has not acted in accordance with the public interest • the accredited professional seeks, accepts or agrees to accept a benefit from another person as a reward or inducement to act against a provision of the PDI Act • the accredited professional has acted in contravention of the Code of Conduct. To ensure that all complaints are of an appropriate nature, a complaint must: • be made in the approved form • contain particulars of the allegation on which the complaint is based • be verified by statutory declaration. 9.2. The Accreditation Authority will review all received complaints about an accredited professional. The Accreditation Authority may refuse to investigate a complaint or,
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having accepted a complaint for investigation, may refuse to proceed further, if it appears that: • the complainant does not have a sufficient interest in the matter to which the complaint relates • the matter raised by the complaint is trivial • the complaint is frivolous or vexatious or is not made in good faith • it would be more appropriate for proceedings to be initiated in a court or tribunal constituted by law, or for the matter to be handled by another authority • there is some other good reason not to proceed (or further proceed) with the matter under this regulation. 9.3. If the Accreditation Authority decides to proceed with the investigations process, it may appoint a person to investigate the complaint. The Accreditation Authority must inform the accredited professional of the appointment of the investigation and furnish formal notification of the nature of the complaint. The investigation must give the accredited professional a reasonable opportunity to make representations about the complaint. The investigation may require the accredited professional to provide documents and other information, verified by statutory declaration if required. At the conclusion of the investigation the investigator must provide a report to the Accreditation Authority. 9.4. Upon the receipt of the report, or at the conclusion of any process the Accreditation Authority has adopted in the alternative, it must provide the person to whom the complaint relates with a copy of the report. The Accreditation Authority may then decide to: • take no further action on the complaint • undertake any consultation or further inquiry as the Accreditation Authority thinks fit • caution or reprimand the accredited professional • make recommendations to the accredited professional • impose conditions on the accreditation of the accredited professional • alter the accreditation of the accredited professional to a lower level of accreditation • cancel or suspend the accredited professional's accreditation • take such other action as the accreditation authority thinks fit.
10. CANCELLATION OR SUSPENSION OF ACCREDITATION 10.1. The Scheme aims to ensure the professionalism and accountability of planning, building and surveying professionals across South Australia. Accredited professionals who do not
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meet the standards of the Scheme may have their accreditation suspended or cancelled. The Accreditation Authority may cancel or suspend an accreditation if one or more of the following grounds applies: • events have occurred such that the accredited professional would not be entitled to be granted accreditation if the person were to apply for accreditation • the accredited professional failed to comply with a provision of the PDI Act or regulations • the accredited professional has contravened or failed to comply with a condition of the accreditation • the accredited professional has contravened or failed to comply with the Code of Conduct • it considers that the accredited professional obtained the accreditation improperly or on the basis of false or misleading information • the accredited professional is no longer a fit and proper person or otherwise suitable to hold an accreditation • the accredited professional has acted in an unprofessional or inappropriate manner • any other ground for cancellation of the accreditation specified by the regulations. 10.2. If the Accreditation Authority proposes to cancel or suspend an accreditation, it must give the accredited professional notice of the proposal and the reasons for the proposal. 10.3. The notice to the accredited professional must state that within a specified period after the notice is given, they may make written representations to the Accreditation Authority concerning the proposal. The Accreditation Authority must not give effect to the proposal without considering any representations received within the specified period. 10.4. A cancellation may have effect: • permanently • for a specified period • until the fulfilment of specified conditions • until further determination of the Accreditation Authority. 10.5. A suspension may have effect: • for a specified period • until the fulfilment of specified conditions • until further determination of the Accreditation Authority
COUNCIL ASSESSMENT PANEL 103 AGENDA
Wednesday 12 June 2019
10.6. The accredited professional whose accreditation is affected by the decision of the Accreditation Authority may apply to the South Australian Civil and Administrative Tribunal for a review of the decision within 28 days after the making of the relevant decision (or such longer period as SACAT may allow). 10.7. This may be in the case such that the Accreditation Authority proposes to: • refuse to grant an accreditation • impose a condition on an accreditation, to vary a condition of an accreditation, or to refuse an application to vary a condition of an accreditation • refuse to continue an accreditation • alter the accreditation of an accredited professional to a lower level of accreditation • cancel or suspend an accreditation.
11. COMMUNICATION (INTERNAL TO COUNCIL)
Manager, Development Environment and Regulatory Services Team Leader, Development Services
12. CONSULTATION (EXTERNAL TO COUNCIL)
Nil
13. POLICY IMPLICATIONS
This matter may impact on the CAP Terms of Reference, which will be reviewed accordingly.
14. STATUTORY REQUIREMENTS
Section 83 of the Planning Development and Infrastructure Act 2016 regulates the operations of Council Assessment Panels.
15. FINANCIAL/BUDGET IMPLICATIONS
Council’s Development Assessment operations are covered within existing budget lines.
16. COMMUNITY PLAN
Objective 1.3: Protect and promote Gawler’s unique heritage
Objective 2.2: Growth to be respectful of cultural and built heritage
Objective 2.3: Urban growth to be sustainably managed
COUNCIL ASSESSMENT PANEL 104 AGENDA
Wednesday 12 June 2019
Objective 4.2: Support development that respects the environment and considers the impacts of climate change
Objective 4.5: Support provision of useable open space that preserves habitat and biodiversity
Objective 5.2: Be recognised as a ‘best practice’ Local Government organisation