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Council Assessment Panel Notice of Meeting

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Council Assessment Panel Notice of Meeting 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 COUNCIL ASSESSMENT PANEL 2 AGENDA Wednesday 12 June 2019 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 COUNCIL ASSESSMENT PANEL 3 AGENDA Wednesday 12 June 2019 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 COUNCIL ASSESSMENT PANEL 4 AGENDA Wednesday 12 June 2019 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 COUNCIL ASSESSMENT PANEL 5 AGENDA Wednesday 12 June 2019 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 COUNCIL ASSESSMENT PANEL 6 AGENDA Wednesday 12 June 2019 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: COUNCIL ASSESSMENT PANEL 7 AGENDA Wednesday 12 June 2019 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. COUNCIL ASSESSMENT PANEL 8 AGENDA Wednesday 12 June 2019 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: COUNCIL ASSESSMENT PANEL 9 AGENDA Wednesday 12 June 2019 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
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