MID MURRAY COUNCIL

DEVELOPMENT ASSESSMENT PANEL

Minutes

Meeting held in the Council Chambers, Main Street, Cambrai

Monday 30 January 2006, 10.00am

1. PRESENT

BJ Taylor (Presiding Member), IR Mann OAM, HE Knipe, DT Townsend, DJ Burgess, R Dawkins (from 10.07am), R Mead, IK Bormann and GL Drinkwater

2. IN ATTENDANCE

Mr KL Goldstone, Environmental Services Manager Mr GD Parsons, Development Officer – Planning Ms JL Brewis, Development Officer - Planning

3. COMMENCEMENT AND WELCOME 10.00AM

The Presiding Member declared the meeting open and welcomed all members.

4. APOLOGIES

Nil.

5. CONFIRMATION OF PREVIOUS MINUTES

(Page 1838 – 19/12/2005)

1880/1 D Burgess moved that the minutes of the Mid Murray Council Development Assessment Panel Meeting held on 19 December 2005 be taken as read and confirmed. Seconded D Townsend. CARRIED.

6. DEVELOPMENT REPORT

1880/2 I Mann moved that the report be received. Seconded H Knipe. CARRIED.

Development Assessment Panel 1880 Minutes 30 January 2006 MID MURRAY COUNCIL

6. DEVELOPMENT REPORT CONT’D

BUSINESS ARISING FROM REPORT

10.12 AM B Taylor declared an interest in Development Application 711/63/01, S Turner and vacated his Chair, left the Chamber and did not vote or take part in any discussions.

D Burgess took the Chair.

6.9 Development Application 711/63/01 – S Turner

1881/1 I Mann moved that an extension of time for a further twelve (12) months be granted to Development Application 711/63/01 in the name of S Turner. Seconded H Knipe. CARRIED.

10.18 AM B Taylor returned to the meeting and took the Chair.

6.8 Development Application 711/504/05 – Environmental Energy Australia Pty Ltd

10.26 AM Mr Rob Brown & Mr Rob Bowring, representors, addressed the Panel in relation to Development Application 711/504/05.

10.34 AM Mr Brown & Mr Bowring retired to the gallery.

10.35 AM Mr John Thomas, of Environmental Energy Australia Pty Ltd, and Mr David Hutchinson, of Access Planning, addressed the Panel in relation to Development Application 711/504/05.

10.56 AM Mr Thomas & Mr Hutchinson retired to the gallery.

11.00 AM The meeting adjourned.

11.14 AM The meeting resumed.

1881/2 R Dawkins moved that Provisional Development Plan Consent be granted to Development Application 711/504/05 subject to the following conditions and notations:-

Conditions

a) The development shall be carried out in accordance with the details and plans submitted with the application unless directed otherwise in the conditions set out hereunder. Cont’d

Development Assessment Panel 1881 Minutes 30 January 2006 MID MURRAY COUNCIL

6. DEVELOPMENT REPORT CONT’D

6.8 Development Application 711/504/05 – Environmental Energy Australia Pty Ltd cont’d

Conditions cont’d

b) Adequate and appropriate fire fighting equipment shall be provided prior to commencement of operation of the facility and shall be maintained in sound condition at all times for protection of the facility from bushfire and for the control of fire within the development herein approved, all to the reasonable satisfaction of Council. c) The exterior materials of all buildings shall be constructed and maintained bronze olive in colour unless otherwise agreed in writing by Council.

Conditions as required by the Environment Protection Authority

a) Any material likely to degrade water quality (chemicals etc) must be stored within a bunded compound/area, which has a capacity of at least 120% of the volume of the largest container to be stored with in the bund, and which is designed and constructed to prevent the escape of material into surface or groundwater resources. Note: The EPA Bunding Guideline will assist with appropriate design and management of bunded areas: http:www.environment.sa.gov.au/epa/pdfs/guide bunding.pdf

b) All stormwater run-off from car parking areas, driveways and other hard surfaced areas must be collected, contained, treated as necessary, and disposed of in a stormwater management system such that there is no contamination of water resources (surface or underground).

Note: All storm water discharged from the site must conform to the Environment Protection (Water Quality) Policy 2003 (SA).

c) Exhaust from the gas turbines shall be suitably dispersed to ensure the maximum predicted nitrogen dioxide concentration at ground level does not exceed 158 micro grams per cubic metre.

Notations

a) This approval does not imply compliance with the Electricity Trust of Act 1946 (as amended), or the Regulations thereunder. It is the responsibility of the owner and the person undertaking development to ensure compliance with the same.

b) You are advised to contact appropriate authorities including ETSA, Telstra and SA Water in relation to the location of supply lines and other requirements prior to commencing work. Cont’d

Development Assessment Panel 1882 Minutes 30 January 2006 MID MURRAY COUNCIL

6. DEVELOPMENT REPORT CONT’D

6.8 Development Application 711/504/05 – Environmental Energy Australia Pty Ltd cont’d

Notations cont’d

c) Consent Valid 36 Months

If substantial work on the development is not commenced within twelve months of the date of this consent, or substantially completed within thirty- six months of the date of this consent, a fresh consent must be obtained.

d) This application has been assessed and approved pursuant to the provisions of the Development Act 1993. The approval of the owner of the land to which this consent relates must be obtained prior to commencement of work.

e) During the period that the development is being undertaken care should be taken to ensure all paper, plastic, rubbish and other waste material associated with the building work is secured and contained within the subject land. Upon completion of the development the contained waste shall be removed from the site and appropriately disposed of.

f) The applicant is advised that any proposal to clear, remove limbs or trim native vegetation, unless subject to an exemption under the Native Vegetation Act 1991, requires the approval of the Native Vegetation Council. Any queries regarding the clearance of native vegetation should be directed to the Native Vegetation Council Secretariat on 8124 4700.

Notations required by the Environment Protection Authority

a) The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practical 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.

b) An environmental authorisation in the form of a license is required for the operation of this development. The applicant is required to contact the Environment Protection Authority before acting on disapproval to ascertain licensing requirements. Conditions of license will include, but will not be restricted to:-

• Total oxides of nitrogen in both gas turbine exhausts shall be measured as soon as steady state operation is achieved and no later than 12 (twelve) months after commissioning. These measurements are to be made by a contractor acceptable to the Environment Protection Authority using EPA method 03.06. This starter shall be made available to the Environment Protection Authority within twenty (20) working pays of its receipt by the licensee. Cont’d

Development Assessment Panel 1883 Minutes 30 January 2006 MID MURRAY COUNCIL

6. DEVELOPMENT REPORT CONT’D

6.8 Development Application 711/504/05 – Environmental Energy Australia Pty Ltd cont’d

Notations required by the Environment Protection Authority cont’d

• Noise monitoring by a suitably qualified acoustic engineer shall occur following commissioning to confirm the projected noise modelling.

c) A license may be refused where the applicant has failed to comply with any conditions of development approval imposed at the direction of the Environment Protection Authority.

d) Any information sheets, guideline documents, codes of practice, technical bulletins etc that are referenced in this response can be accessed on the following website http://www.epa.sa.gov.au/pub.html

Seconded I Mann. CARRIED.

7. LATE CORRESPONDENCE

Nil.

8. OTHER BUSINESS

Special Meeting

1884/1 I Mann moved that a Special Meeting of the Development Assessment Panel be scheduled for 4.30pm on Monday, 13 February 2006 at Cambrai for the purpose of considering a report in relation to Development Application 711/231/05 in the name of R Fromm. Seconded R Mead. CARRIED.

9. NEXT MEETING

To be held in the Council Chambers, Main Street, Cambrai on Monday, 27 February 2006, commencing at 10.00am.

10. CLOSURE

11.48 AM The Presiding Member declared the meeting closed.

……………………………………… PRESIDING MEMBER

……………………………………… DATE

Development Assessment Panel 1884 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/585/05 Date Received 08.12.2005 Name J Maloney Description Swimming Pool Location Lot 362 of F208738, 2 North Terrace, Mannum, Hundred of Finniss

Development No. 711/586/05 Date Received 09.12.2005 Name S & B Williams Description Dwelling Location Lot 1 of D56261, McPhee Avenue, Blanchetown, Hundred of Skurray

Development No. 711/587/05 Date Received 09.12.2005 Name RJ Allan & J Vink Description Dwelling Location Lot 16 of D49587, Section 645, Sprinkler Drive, Hundred of Ridley

Development No. 711/589/05 Date Received 09.12.2005 Name Walker Flat & Districts Community Hall Description Kitchen Re-Build Location Section 686, Government Road, Hundred of Ridley

Development No. 711/590/05 Date Received 13.12.2005 Name H Hockey Description Shed Location Section 430, Milendella Road, Sanderston, Hundred of Angas

Development No. 711/591/05 Date Received 15.12.2005 Name Mid Murray Local Action Planning Committee Inc Description Placement of Signage Location Section 855, Government Road, Hundred of Finniss

Development No. 711/592/05 Date Received 15.12.2005 Name Mid Murray Local Action Planning Committee Inc Description Placement of Signage Location Section 868 of H750800, Government Road, Hundred of Younghusband

Development No. 711/593/05 Date Received 15.12.2005 Name Mid Murray Local Action Planning Committee Inc Description Placement of Signage Location Road Reserve Adjacent to Lot 13 of DP27938, 6 Purnong Road, Mannum, Hundred of Finniss

Development No. 711/594/05 Date Received 15.12.2005 Name Longridge Sarah Housing Group Pty Ltd Description Dwelling Location Lot 34 of F107436, Section 214, Government Road, Hundred of Eba

Development Assessment Panel 1885 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/595/05 Date Received 14.12.2005 Name All Steel Transportables Description Dwelling Location Section 355, Sanderston Road, Sanderston, Hundred of Angas

Development No. 711/597/05 Date Received 21.12.2005 Name GR & PA Waters Description Carport Enclosure Location Lot 55 of FP37451, Government Road, Mannum, Hundred of Finniss

Development No. 711/598/05 Date Received 19.12.2005 Name Portee Station Pty Ltd Description Feed Lot (Lambs) Location Section 140, Swan Reach Road, Hundred of Skurray

Development No. 711/599/05 Date Received 20.12.2005 Name D & A Sheridan Description Addition to Stone Hut Location Lot 1 of D45943, Hoopers Road,

Development No. 711/600/05 Date Received 19.12.2005 Name DJ & L Burgess Description Verandah Location Lot 1 of F15954, Part Section 352, Sabaruma Road, Wongula, Hundred of Ridley

Development No. 711/602/05 Date Received 20.12.2005 Name Bettio Building Contractors Description Dwelling Extension Location Piece 2 of D56807, Government Road, Hundred of Cadell

Development No. 711/603/05 Date Received 22.12.2005 Name K Schaeffer Description Dwelling Location Lot 20 of F107982, Government Road, Idyll Acres, Hundred of Cadell

Development No. 711/604/05 Date Received 22.12.2005 Name R Jaczalik Description Change of Land Use Location Section 99, Connor Road, Hundred of Nildottie

Development No. 711/605/05 Date Received 22.12.2005 Name Spook Hill Wines Pty Ltd Description Wine Storage Location Section 20, River Terrace, Cadell, Hundred of Cadell

Development Assessment Panel 1886 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/606/05 Date Received 21.12.2005 Name RM & LJ Bell Description Carport Location Lot 2 of D13426, Part Section 374, Eden Valley Road, Keyneton, Hundred of Jellicoe

Development No. 711/607/05 Date Received 22.12.2005 Name B Martyn Description Shed Location Part Allotment 92, Lot F of F204111, Part Section 301, Bond Street, Walker Flat, Hundred of Ridley

Development No. 711/608/05 Date Received 21.12.2005 Name DI Campbell Description Dwelling Location Lot 137 of F101168, Section 42, Page Drive, Riverbanks Estate, Hundred of Skurray

Development No. 711/001/06 Date Received 03.01.2006 Name Mid Murray Council Description Camp Kitchen Location Section 906, Purnong Road, Hundred of Finniss

Development No. 711/002/06 Date Received 03.01.2006 Name Cambrai Sports Club Inc Description Change Rooms Location Lot 1, Part Section 132, Sports Ground Road, Cambrai, Hundred of Angas

Development No. 711/003/06 Date Received 03.01.2006 Name Fairmont Homes Pty Ltd Description Dwelling Location Lot 205 of D68689, Ramm Road, Mannum, Hundred of Finniss

Development No. 711/004/06 Date Received 03.01.2006 Name Deruvo Property Trust Description Filling Location Lot 88 of F203, Part Allotment 14, South Punyelroo Shack Road, South Punyelroo, Hundred of Fisher

Development No. 711/005/06 Date Received 03.01.2006 Name G Harrison Description Verandah Location Unit 3 of S7765, Section 236, 3 Apold Court, Cadell, Hundred of Cadell

Development No. 711/006/06 Date Received 04.01.2006 Name Cadell Community & Tourist Association Inc Description Relocation of Transportable Building Location Lot 120, 1-3 McGuire Terrace, Cadell, Hundred of Cadell

Development Assessment Panel 1887 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/007/06 Date Received 06.01.2006 Name RJ & LA Hughes Description Dwelling Addition Location Section 154, D Herrmanns Road, Hundred of Tungkillo

Development No. 711/008/06 Date Received 11.01.2006 Name NI Harley Description Boat Shed Location Lot 127, 13 Tenth Street, Morgan, Hundred of Eba

Development No. 711/009/06 Date Received 09.01.2006 Name B Barnard Description Farm Shed Location Section 86, Nildottie Road, Hundred of Nildottie

Development No. 711/010/06 Date Received 10.01.2006 Name Mr D Salisbury Description Shed Location Part Allotment 2, Lot 52 of F8274, Section 231, Government Road, Hundred of Eba

Development No. 711/011/06 Date Received 11.01.2006 Name M Carnevale Description Jetty Location Lot 31 of D49587, Section 660, 31 Sprinkler Drive, Walker Flat, Hundred of Ridley

Development No. 711/012/06 Date Received 12.01.2006 Name M Williams Description Dwelling Location Part Allotment 14, Lot 4 of F203, South Punyelroo Shack Road, South Punyelroo, Hundred of Fisher

Development No. 711/013/06 Date Received 12.01.2006 Name LJ Ryan Description Upgrade of Boat Shed, Underside Enclosure and Balcony Location Lot 4 of D54900, Greenways Landing Shack Road, Greenways Landing, Hundred of Nildottie

Development No. 711/014/06 Date Received 10.01.2006 Name Spanline Home Additions Description Carport Location Lot 4 of D51886, Long Gully Road, Mannum, Hundred of Finniss

Development No. 711/015/06 Date Received 12.01.2006 Name Spanline Home Additions Description Verandah Location Lot 4 of D51886, Long Gully Road, Mannum, Hundred of Finniss

Development Assessment Panel 1888 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/016/06 Date Received 12.01.2006 Name Telstra Corporation Description Telstra Radio Customer Terminal Location Section 248, Government Road, Hundred of Eba

Development No. 711/017/06 Date Received 03.01.2006 Name CE Crawford Description Verandah Location Lot 36 of F10988, Habel Street, Dutton, Hundred of Dutton

Development No. 711/018/06 Date Received 13.01.2006 Name BSG Jarrett Description Above Ground Swimming Pool Location Lot 65 of T170302, 31 Esplanade, Mannum, Hundred of Finniss

Development No. 711/019/06 Date Received 22.12.2005 Name Longridge Sarah Housing Group Pty Ltd Description Dwelling Location Lot 4 of C11308, Section 236, Apold Court, Hundred of Cadell

Development No. 711/020/06 Date Received 17.01.2006 Name RC Schutz Description Garage Location Lot 2 of D25512, Section 132, Government Road, Hundred of Cadell

Development Assessment Panel 1889 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.2 LAND DIVISION APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/D043/05 Date Received 08.12.2005 Name C Caudo Description Land Division - Creation of one additional allotment in the Rural Zone, Pastoral Policy Area; River Murray Zone, Primary Production Policy Area and River Murray Zone, Conservation Policy Area Location Pieces 2, 3 & 4 of DP56807 of Section 237, Hundred of Cadell

Development No. 711/D044/05 Date Received 09.12.2005 Name M Collins Description Land Division - Boundary Realignment in a Rural Zone, Hills Policy Area Location Sections 236, 237, 238, 244, 246 & 248 and Allotment F in RP1959, Pebbly Range Road, Hundred of Tungkillo

Development No. 711/D045/05 Date Received 12.12.2005 Name S Gowling Description Land Division - Creation of one additional allotment in the River Murray Zone, Recreation & Tourism Policy Area and River Murray Zone, River Settlement Policy Area Location Pieces 61, 62 & 63 (in D/A 711/D039/05), East Front Road and Allotment 8 in DP24434 of Section 53, Perserverance Court, Hundred of Younghusband

Development No. 711/D046/05 Date Received 20.12.2005 Name JJ Kain Description Land Division - Creation of one additional allotment in a Service Centre (Sedan) Zone Location Allotment 10 in DP65020 of Section 38, Bank Road, Sedan, Hundred of Bagot

Development No. 711/C047/05 Date Received 06.01.2006 Name T Treadwell Description Community Title Division - Creation of one additional allotment in a Residential Zone Location Lot 1 in DP63315 of Section 519, 26-28 King George Street, Mannum, Hundred of Finniss

Development No. 711/D001/06 Date Received 06.01.2006 Name PJ & RW Wilson Description Land Division - Boundary Realignment in the River Murray Zone, Floodplain Policy Area Location Sections 147 & 143, Government Road, Hundred of Cadell

Development No. 711/D002/06 Date Received 11.01.2006 Name K Huston Description Land Division - Creation of one additional allotment in a Residential Zone Location Allotment 76 in FP687 of Section 519, 22 Berryman Avenue, Mannum, Hundred of Finniss

Development Assessment Panel 1890 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/75/04 Date Approved 15.12.05 Name M Engelhardt & MT Johnston Location Lot 21 of D40633, Section 623, Government Road, Hundred of Cadell Description Dwelling Value $90,000.00

Development No. 711/628/04 Date Approved 04.01.06 Name Mannum Can & Bottle Depot Location Lot 54 of DP45403, 103 Adelaide Road, Mannum, Hundred of Finniss Description Relocation of Business - Mannum Can and Bottle Depot Value $24,502.00

Development No. 711/27/05 Date Approved 23.12.05 Name EJ & HM Ebel Location Section 552, Mannum Purnong Road, Caurnamont, Hundred of Ridley Description Dwelling Value $95,000.00

Development No. 711/225/05 Date Approved 20.12.05 Name ST Townsend Location Lot 28 of D62821, Providence Drive, Bowhill, Hundred of Younghusband Description Dwelling Alterations & Additions Value $10,000.00

Development No. 711/228/05 Date Approved 12.12.05 Name All Steel Transportables Location Section 258, Government Road, Hundred of Eba Description Dwelling Value $39,040.00

Development No. 711/236/05 Date Approved 09.12.05 Name KF & JM Brock Location Lot 1 of D51492, Palmer Reservoir Road, Hundred of Tungkillo Description Dwelling, Watercourse & Site Revegetation Value $200,000.00

Development No. 711/256/05 Date Approved 22.12.05 Name HT Construction Services Location Section 558, 100 Mannum Purnong Road, Caurnamont, Hundred of Ridley Description Dwelling Value $300,000.00

Development No. 711/302/05 Date Approved 06.12.05 Name SJ Wuttke Location Lot 15 of D50912, River Reserve Road, Swan Reach, Hundred of Nildottie Description Garage, Storage Area & Wet Area Value $4,900.00

Development Assessment Panel 1891 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/321/05 Date Approved 07.12.05 Name S Leahy Location Lot 449 of F208825, 12 William Street, Mannum, Hundred of Finniss Description Dwelling Addition, Pergola & Garage Value $70,000.00

Development No. 711/355/05 Date Approved 21.12.05 Name Longridge Sarah Housing Group Pty Ltd Location Lot 32 of D67, 41 Memorial Drive, Tungkillo, Hundred of Tungkillo Description Dwelling Value $59,925.00

Development No. 711/358/05 Date Approved 14.12.05 Name Selecta Homes Location Lot 208 of D68689, Ramm Road, Mannum, Hundred of Finniss Description Dwelling Value $82,408.00

Development No. 711/387/05 Date Approved 06.01.06 Name HJ & CL Hanna Location Lot 1 of D22292, Section 181, Diagonal Road, Hundred of Anna Description Shed Value $4,400.00

Development No. 711/389/05 Date Approved 21.12.05 Name Rivergum Homes Pty Ltd Location Lot 119 of F100107, Section 219, Goverment Road, Scotts Creek, Hundred of Eba Description Dwelling Value $135,783.00

Development No. 711/396/05 Date Approved 20.12.05 Name R Rismondo Location Part Allotment 2, Lot 187 of F100107, Section 217/218, Government Road, Scotts Creek, Hundred of Eba Description Shed Value $3,000.00

Development No. 711/402/05 Date Approved 19.12.05 Name G Kroehn Location Piece 7 of D56696, Section 87, Nildottie Road, Hundred of Nildottie Description Dwelling Additions Value $13,000.00

Development No. 711/414/05 Date Approved 19.12.05 Name AJ Marriette Location Lot 2 of F1454, Part Section 165, Schilling Road, Hundred of Anna Description Airfield Extension Value Nil

Development Assessment Panel 1892 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/415/05 Date Approved 15.12.05 Name Weeks Peacock Quality Homes Location Lot 10 of D57399, Barton Road, Truro, Hundred of Jellicoe Description Dwelling Value $207,796.00

Development No. 711/419/05 Date Approved 06.12.05 Name A Till Location Lot 12 of D4996, Part Section 61, 37 Nildottie Road, Nildottie, Hundred of Nildottie Description Dwelling Extensions Value $40,000.00

Development No. 711/422/05 Date Approved 04.01.06 Name M Jeakings Location Piece 10 of F101610, Reservoir Road, Palmer, Hundred of Tungkillo Description Dwelling Value $62,260.00

Development No. 711/426/05 Date Approved 17.01.06 Name B Gillespie Location Lot 61 of D47145, Rollonds Road, Hundred of Tungkillo Description Machinery Shed Value $5,000.00

Development No. 711/443/05 Date Approved 16.01.06 Name Koala Constructions Pty Ltd Location Lot 206 of H120700, Section 217, Government Road, Morgan, Hundred of Eba Description Dwelling Extension Value $47,476.00

Development No. 711/446/05 Date Approved 13.12.05 Name B & B Heinicke Location Lot 1 of D55766, East Front Road, Younghusband, Hundred of Younghusband Description Shed Extension Value $10,800.00

Development No. 711/451/05 Date Approved 23.12.05 Name RF Salisbury Location Lot 6 of D5508, Part Section 146, Purnong Road, Hundred of Finniss Description Upgrade of Jetty & Boat Mooring Value $2,000.00

Development No. 711/466/05 Date Approved 15.12.05 Name J Bailes Location Lot 15 of 20550, Part Section 429, Arnold Court, Hundred of Nildottie Description Extension of Deck Value $4,999.00

Development Assessment Panel 1893 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/470/05 Date Approved 16.12.05 Name Softwoods Timberyards Pty Ltd Location Lot 60 of D64327, Piece 73, Government Road, Hundred of Younghusband Description Verandah Value $3,800.00

Development No. 711/478/05 Date Approved 04.01.06 Name System Built Homes Location Section 270, Government Road, Hundred of Eba Description Dwelling Value $48,730.00

Development No. 711/483/05 Date Approved 07.12.05 Name KD Pickett & BJ Hermans Location Section 376, Strachans Road, Cookes Hill, Hundred of Jutland Description Double Garage Value $9,800.00

Development No. 711/486/05 Date Approved 15.12.05 Name D Bartlett Location Lot 25 of F101168, Section 42, Page Drive, Hundred of Skurray Description Shed Value $4,500.00

Development No. 711/492/05 Date Approved 23.12.05 Name G Salvemini Location Section 906, Purnong Road, Mannum Caravan Park, Mannum, Hundred of Finniss Description Solid Annex Value $4,900.00

Development No. 711/505/05 Date Approved 12.12.05 Name GC & CE Hunt Location Lot 104 of D65737, Palmer-Cookes Hill Road, Hundred of Tungkillo Description Dwelling Value $75,000.00

Development No. 711/516/05 Date Approved 17.01.06 Name Murray Machining & Sheds Location Allotment 3 of D47541, Purnong Road, Hundred of Finniss Description Freestanding Carport Value $9,300.00

Development No. 711/521/05 Date Approved 16.01.06 Name KA Gers Location Lots 4 & 5 of D24434, Perseverance Court, Hundred of Younghusband Description Shed Value $4,811.00

Development Assessment Panel 1894 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/526/05 Date Approved 22.12.05 Name NB Rosewarne Location Lot 120 of T170302, 143 River Lane, Mannum, Hundred of Finniss Description Roof Cover Value $12,000.00

Development No. 711/530/05 Date Approved 13.01.06 Name R Wiebrecht Location Section 384, Long Gully Road, Mannum, Hundred of Finniss Description Dwelling Extension (Stage1) Value $25,000.00

Development No. 711/532/05 Date Approved 10.01.06 Name PD & JD Jones Location Lot 2 of D60682, Punyelroo Road, Punyelroo, Hundred of Fisher Description Dwelling (Stage 2) Value $80,000.00

Development No. 711/533/05 Date Approved 03.01.06 Name W & J Dobrucki Location Lot 77 of D62821, Schmidt Lane, Bowhill, Hundred of Younghusband Description Verandah Value $1,500.00

Development No. 711/538/05 Date Approved 16.12.05 Name KS & ML Hillyard Location Lot 97, 18 North West Terrace, Morgan, Hundred of Eba Description Shed Value $1,500.00

Development No. 711/545/05 Date Approved 04.01.06 Name JB & YM Martlew Location Section 299, Kroehns Landing Shack Road, Kroehns Landing, Hundred of Nildottie Description Garage Value $4,554.00

Development No. 711/552/05 Date Approved 23.12.05 Name PT & MJ McAvaney Location Section 388, Black Hill Road, Kongolia, Hundred of Angas Description Dwelling & Shed Value $100,320.00

Development No. 711/558/05 Date Approved 09.01.06 Name JM Offler Location Part Allotment 14, Lot 97 of F203, South Punyelroo Shack Road, South Punyelroo, Hundred of Fisher Description Jetty/Landing Value $2,000.00

Development Assessment Panel 1895 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/561/05 Date Approved 10.01.06 Name B Wilksch Location Lot 167, 19 Fifth Street, Morgan, Hundred of Eba Description Freestanding Carport Value $4,800.00

Development No. 711/566/05 Date Approved 12.12.05 Name D & N Burt Location Lot 5 of DP35935, Section 87, Government Road, Hundred of Stuart Description Fern House Value $10,000.00

Development No. 711/569/05 Date Approved 10.01.06 Name Project X Consulting Engineers Location Lot 119 of D33358, Section 193, Marks Landing Shack Road, Marks Shacks, Hundred of Nildottie Description Verandah Value $5,000.00

Development No. 711/572/05 Date Approved 12.12.05 Name R Maney Location Lot 46 of 1488, Part Section 136, Government Road, Hundred of Fisher Description Shed Value $3,650.00

Development No. 711/575/05 Date Approved 10.01.06 Name CA Bain-Mitchell Location Lot 55 of D1775, 5 Mau Street, Mannum, Hundred of Finniss Description Carport Value $3,500.00

Development No. 711/578/05 Date Approved 12.12.05 Name RS Wiebrecht Location Lot 50 of D67165, 24 Berryman Avenue, Mannum, Hundred of Finniss Description Shed Value $3,300.00

Development No. 711/580/05 Date Approved 16.12.05 Name W Pomery Location Section 53, Government Road, Hundred of Eba Description Storage Shed Value $5,000.00

Development No. 711/582/05 Date Approved 23.12.05 Name Mannum Football Club Inc. Location Lot 124, North Terrace, Mannum, Hundred of Finniss Description Playground Value $26,235.00

Development Assessment Panel 1896 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/589/05 Date Approved 12.01.06 Name Walker Flat & Districts Community Hall Location Section 686, Government Road, Hundred of Ridley Description Kitchen Re-Build Value $20,000.00

Development No. 711/590/05 Date Approved 09.01.06 Name H Hockey Location Section 430, Milendella Road, Sanderston, Hundred of Angas Description Shed Value $500.00

Development No. 711/591/05 Date Approved 16.12.05 Name Mid Murray Local Action Planning Committee Inc Location Section 855, Government Road, Hundred of Finniss Description Placement of Signage Value $1,500.00

Development No. 711/592/05 Date Approved 09.01.06 Name Mid Murray Local Action Planning Committee Inc Location Section 868 of H750800, Government Road, Hundred of Younghusband Description Placement of Signage Value $3,000.00

Development No. 711/593/05 Date Approved 16.12.05 Name Mid Murray Local Action Planning Committee Inc Location Road Reserve Adjacent to Lot 13 of DP27938, 6 Purnong Road, Mannum, Hundred of Finniss Description Placement of Signage Value $4,500.00

Development No. 711/600/05 Date Approved 23.12.05 Name D J & L Burgess Location Lot 1 of F15954, Part Section 352, Sabaruma Road, Wongulla, Hundred of Ridley Description Verandah Value $1,500.00

Development No. 711/606/05 Date Approved 03.01.06 Name RM & LJ Bell Location Lot 2 of D13426, Part Section 374, Eden Valley Road, Keyneton, Hundred of Jellicoe Description Carport Value $1,850.00

Development Assessment Panel 1897 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/002/06 Date Approved 06.01.06 Name Cambrai Sports Club Inc Location Lot 1, Part Section 132, Sports Ground Road, Cambrai, Hundred of Angas Description Change Rooms Value $14,900.00

Development No. 711/005/06 Date Approved 11.01.06 Name G Harrison Location Unit 3 of S7765, Section 236, 3 Apold Court, Cadell, Hundred of Cadell Description Verandah Value $2,214.00

Development Assessment Panel 1898 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.4 LAND DIVISION APPLICATIONS APPROVED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Development No. 711/D020/05 Date Approved 29.11.05 Name BA & JM Burdett Location Lots 85, 86 & common property in D/A 711/C002/01, Part Section 40, Chucka Bend Road, Bowhill, Hundred of Bowhill Description Land Division – Lease (900 years)

Development Assessment Panel 1899 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.5 DEVELOPMENT APPLICATIONS REFUSED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Nil.

Development Assessment Panel 1900 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.6 LAND DIVISION APPLICATIONS REFUSED DURING THE REPORTING PERIOD 6 DECEMBER 2005 TO 17 JANUARY 2006

Nil.

Development Assessment Panel 1901 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.7 DEVELOPMENT STATISTICS

Reporting Officer: Kelvin Goldstone

The following table indicates statistics relating to development applications processed for the 2005 calendar year.

REPORTING PERIOD PROGRESSIVE TOTAL PROGRESSIVE TOTAL (CALENDAR YEAR – 2005) (PREVIOUS YEAR – 2004) TYPE OF DEVELOPMENT NUMBER VALUE NUMBER VALUE NUMBER VALUE Dwellings 14 $1,576,262.00 113 $10,545,081.00 83 $7,109,119.60

Dwelling 19 $285,939.00 141 $1,635,693.00 190 $1,677,138.00 Additions/Attachments (verandahs, carports etc)

Domestic Garages 13 $60,715.00 192 $1,105,636.80 83 $452,678.50

Farm Buildings (implement 1 $5,000.00 28 $370,134.74 22 $5,358,033.95 sheds, hay sheds, animal husbandry etc)

Other (community buildings, 10 $83,537.00 96 $2,222,706.00 73 $1,821,411.50 boat ramps, tanks, swimming pools etc)

Land Division 1 42 45

Total 58 $2,011,453.00 612 $15,879,251.54 496 $16,481,381.55

For Information Only.

Development Assessment Panel 1902 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/504/05 – ENVIRONMENTAL ENERGY AUSTRALIA PTY LTD

Reporting Officer: Dennis Batge MPIA, dB Planning (Planning Consultant)

Development No. 711/504/05 Applicant Environmental Energy Australia Pty Ltd Owner The Onion Co Pty Ltd Subject Land Lot 5 of Filed Plan 108505, Patricks Road, Mannum, Hundred of Finniss Proposal Peak Load Power Station

INTRODUCTION The above mentioned development application has been lodged with Council. A provisional development plan consent is sought for the construction of a peak load power station comprising 2 bio-diesel fuelled generating turbines. Copies of plans and details submitted with the application are attached.

SUBJECT LAND

The subject land is identified as Lot 5 in FP108505, Patricks Road, Hundred of Finniss, Mannum as contained in Certificate of Title Volume 5699 Folio 373.

The allotment is situated on the outskirts of Mannum, 4.5 kilometres west of the township. It is located on the western side of Fredericks Road, approximately 150 metres north of its junction with the Murray Bridge-Mannum Road.

The site of the proposed generators and ancillary equipment is located approximately 600 metres from the Patricks Road frontage of the land and is within the Rural Zone as indicated on Map MiMu/36 of Mid Murray Council Development Plan. The subject allotment is also adjacent the Rural Living Zone as land to the east (other side) of Fredericks Road is zoned for Rural Living purposes.

The allotment is approximately 30.09 hectares in area, approximately 300 metres wide and 870 metres deep allowing the development to be set well back from Patricks and the Murray Bridge Mannum Roads.

The subject land is elevated compared to land to the south of the immediate locality and the development site is visible from the Murray Bridge-Mannum Road and to a lesser extent from the Adelaide – Mannum Road. Its level of visibility is reduced due to the fact that the site itself is set lower than land around it, in a gentle depression and does not from most vantage points, form part of the horizon. The land is gently sloping and does not contain any significant vegetation. Mains reticulated water supply is available to the land. Figure 1.1 identifies the subject land.

Development Assessment Panel 1903 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/504/05 – ENVIRONMENTAL ENERGY AUSTRALIA PTY LTD

Figure 1.1

L O C A L I T Y

T h e

s u b j e c t

Approx. site of

Photo showing the subject land taken from just south of the ETSA Sub-Station on the Murray Bridge-Mannum Road

The land is in an area in which the character is derived in part from gently undulating farming land, that is in the main cleared of vegetation and used for general farming purposes. Other significant features of the locality that contribute to the character of the locality include the large factory like building of Rivapak, about 450-500 metres east of the site of the proposed power plant, relatively close to Patricks Road. The other important feature is the ETSA sub-station located near the subject land on the eastern side of the Murray Bridge-Mannum Road power lines radiating from it to the west, north and north east and to the east. There are 6 dwellings in the area scattered around the site in most directions however, these are well separated from the subject site, with the closest being a dwelling to the south along the Murray Bridge-Mannum Road. The others range between approximately 1 to 2 kilometres from the site.

Development Assessment Panel 1904 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/504/05 – ENVIRONMENTAL ENERGY AUSTRALIA PTY LTD

Visually, the rural nature of the locality is strongly influenced by the Rivapak building and the existing electricity distribution infrastructure.

DESCRIPTION OF PROPOSAL Provisional Development Plan Consent is sought for the establishment of a Peak load power station comprising:- 1. Two 60 megawatt, biodiesel fuel fired generating turbines (consuming a total of 32,000 litres per hour); 2. Switching yard; 3. Fuel storage facilities; 4. Small control, office and maintenance buildings; 5. Access driveways; 6. Stormwater/waste water management facilities; and 7. Site landscaping. The plant is not intended to contribute to base load generation capacity except in the event of local power supplies being cut such as may occur on high fire risk days and at other times it will be operated to meet peak demand. The application indicates that the plant is likely to operate for only 1.5% of the time. This would occur during periods of peak demand and power outages. On these projections, the plant would operate for the equivalent of only 5.5 days per year. The planning report also suggests around 100 hours per annum. These times are, however, required to be flexible and not limited by any approval as this would defeat the purpose of providing security of electricity supply in times of peak or unusual demand or breakdowns. The turbines are to be housed in individual buildings measuring 31.3 metres long, 14.1 metres wide and a varying but maximum height of 14 metres. Each turbine is fitted with a silencer and a 25 metre exhaust stack, the upper portion of which have a diameter of 4.6 metres. Ordinary waste water from toilets, shower and basins will be disposed of to a septic tank system and waste water and products from cleaning the turbine blades will be stored and removed from the site by a waste collection service. Stormwater controls include the covering of the site with pervious blue metal to minimise run-off, a system of training a swales comprising geotextile liner overlaid with 200 mm of stone, draining to a 400 cubic metre stormwater detention basin in the south eastern corner of the site. The detention basin is intended to both managing any peak stormwater flows and to track any sediment generated on the site. A 150 mm outlet pipe will discharge water from the detention basin through a riprap energy dissipater into the natural drainage system of the land. Rainfall from bunded areas where oil may be present will be diverted into a 40,000 litre inground reinforced concrete tank, processed through an oil/water separator and disposed of by an engineered soakage trench.

REFERRALS

The application has been referred to:- • Transport Services Division of the Department for Transport, Energy and Infrastructure. The Department has not raised any objections to the proposal.

Development Assessment Panel 1905 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/504/05 – ENVIRONMENTAL ENERGY AUSTRALIA PTY LTD

• Primary Industry and Resources SA. PIRSA has advised that it has no objections to the intermittent use of the proposed facility. • The Environment Protection Authority. The EPA has advised that it considers that the proposal should not result in environmental impact, including from nuisance. It further advises that the ongoing operation is required to be licensed by the EPA and directs that three conditions and notes be attached and to any consent for the proposal. • ETSA Utilities. They advise that the property is adjacent their Mannum Sub- Station and that they have a 33 kV overhead line running along the road reserve on the eastern boundary of the subject land and that a pole mounted transformer on that line has an underground low voltage service running into the subject land. ETSA advise that the developer contacts the Office of the Technical Regulator with respect to necessary clearances. • Native Vegetation Council Secretariat - no response received.

PUBLIC NOTIFICATION

Pursuant to Principles of Development Control 48 and 49 of the Rural Zone the development was determined to be of a type that warranted Category 3 notification. Therefore in accordance with the provisions of the Development Act and Regulations 1993 letters were sent to the adjoining landowners, and a notice was placed in ‘The Leader’ on the 22nd of November, 2005.

At the conclusion of the public notification process, Council had received five written representations from:- • Phillip and Jan Thomas • Michael Wiseman • Nicholas Lazaroff • Rob Brown • WR & MJ Bowring. The representations, combined with the applicant’s response, are attached. The response answers questions raised by the representors.

RELEVANT PROVISIONS OF THE MID MURRAY COUNCIL DEVELOPMENT PLAN Council Wide Objectives: 1, 8, 9, 15, 32, 33 & 54 Principles of Development Control: 5

Rural Zone Objectives: 1, 3, 5, 6, 14, 16, 17, 20, 21 &, 22. Principles of Development Control: 1, 2, 3, 5, 6, 8, 9, 10, 12, 14, 15, 16, 17, 18, 21, 22, 23 & 25

Murray Plains Policy Area

Principle of Development Control: 1

Development Assessment Panel 1906 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/504/05 – ENVIRONMENTAL ENERGY AUSTRALIA PTY LTD

ASSESSMENT Rural Zone

Council’s Development Plan in general makes little if any direct reference to development of the kind that is proposed in this application. The Objectives of the Rural Zone are intended to promote the retention of dry land farming, irrigated areas and other compatible value adding activities associated with primary production. It also seeks to protect rural character but does include within the desired future character “infrastructure to support acceptable uses”. It is considered that the development of a small peak load power station is the kind of infrastructure that is in direct support of acceptable primary production related uses such as the Rivapak facility located on the subject land, and the township of Mannum and its need for a consistent energy supply.

In general terms the kind of infrastructure that is proposed in this application is necessary to support both nearby urban development and the value adding primary industries. To that extent the development is contemplated within the Rural Zone.

Character and Amenity

The locality in which the subject land is located is one in general terms, of undulating open farmland through which the Adelaide–Mannum and Murray Bridge–Mannum Roads run and to that extent is viewed by tourists traveling those roads. However, it is not considered that the development will be significantly detrimental to the character of the area for the following reasons:- 1. The site is not unduly prominent as it is in a small depression and does not sit against the skyline as viewed from most positions. 2. The area already has significant man made features including the large Rivapak industrial building, the ETSA sub-station on the eastern side of the Murray Bridge– Mannum Road and the powerlines radiating from the sub-station. 3. The facility is not large, notwithstanding that there will be a pair of exhaust stacks reaching 25 metres above ground level. It is not considered that these two structures will be unduly prominent in this particular locality as they will not sit high to the skyline from the Murray Bridge–Mannum Road. It will be set further back from the road than either Rivapak or the ETSA sub–station limiting its prominence. 4. The additional powerlines into the ETSA sub-station will not be out of character in the locality due to the number of existing power lines connected to the ETSA sub– station. 5. The noise predicted from the generators is quite low when measured at surrounding dwelling sites and within the Rural Living Zone. These levels are lower than a domestic airconditioner for example, and although audible, at such low levels, should blend into the background noise generated by traffic on the main roads and the sub-station. 6. Traffic into and out of the facility will be minimal and is not expected to be disruptive to the locality and will be much less than that generated by Rivapak.

Development Assessment Panel 1907 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/504/05 – ENVIRONMENTAL ENERGY AUSTRALIA PTY LTD

7. The proposed plantings around the facility will not screen the upper portions of the turbines buildings or the exhaust stacks, but will to some extent improve the character and appearance of the development. 8. It will be possible to achieve substantial separation of at least 700 to 800 metres in the future when dwellings are constructed in the Rural Living Zone. This is similar to the distance from the closest existing dwelling.

Health and Safety

The limited times of operation and the use of clean bio-fuel results in very low levels of combustion products. The EPA have expressed acceptance of these aspects of the proposal. The plant will contain significant volumes of diesel fuel held in storage tanks. These will need to be bunded in accordance with the EPA recommendations to prevent the spread of fuel in the event of a leakage or spill. With dwellings well separated from the site of the development and the lack of dense vegetation around the site the possibility of extreme fire hazard is limited and good accessibility will be available should emergency services be required to access the site. The fuel tanks are to be fitted with fire extinguishers in accordance with Australian Standard 1940. There is also a water tank for fire fighting to be fitted with a booster pump.

Access

The existing road arrangements that service Rivapak are satisfactory for access by large commercial vehicles such as semi-trailers and will be suitable for the necessary fuel deliveries and in the initial delivery of components required for the construction of the facility.

CONCLUSION

The proposed facility is a kind of development that comprises “infrastructure to support acceptable uses”. It is considered acceptable for the following reasons:-

1. The development is consistent with the presence of the ETSA sub-station, existing power lines and the Rivapak facility and minimises the extent of additional transmission lines required to connect to the sub-station. 2. There is significant and adequate separation between the subject site and surrounding dwellings. 3. Noise levels at surrounding dwellings are low and within the EPA standards. 4. The site is sufficiently below the skyline to avoid undue impact of the turbine buildings and exhaust stacks and will not unduly impact on the outlook from the Adelaide-Mannum or Murray Bridge-Mannum Roads. 5. There is no native vegetation to be removed. 6. The nature of the facility ensures that it will only run for short periods of time limiting levels of activity, noise and combustion products.

Development Assessment Panel 1908 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/504/05 – ENVIRONMENTAL ENERGY AUSTRALIA PTY LTD

In conclusion, it is considered that the peaking power plant is consistent with the desired future character for the Rural Zone of the Mid Murray Council’s Development Plan. A recommendation is set out below which reflects this assessment.

RECOMMENDATION

moved that Provisional Development Plan Consent be granted to Development Application 711/504/05 subject to the following conditions and notations:-

Conditions

a) The development shall be carried out in accordance with the details and plans submitted with the application unless directed otherwise in the conditions set out hereunder.

d) Adequate and appropriate fire fighting equipment shall be provided prior to commencement of operation of the facility and shall be maintained in sound condition at all times for protection of the facility from bushfire and for the control of fire within the development herein approved, all to the reasonable satisfaction of Council. e) The exterior materials of all buildings shall be constructed and maintained bronze olive in colour unless otherwise agreed in writing by Council.

Conditions as required by the Environment Protection Authority

a) Any material likely to degrade water quality (chemicals etc) must be stored within a bunded compound/area, which has a capacity of at least 120% of the volume of the largest container to be stored with in the bund, and which is designed and constructed to prevent the escape of material into surface or groundwater resources. Note: The EPA Bunding Guideline will assist with appropriate design and management of bunded areas: http:www.environment.sa.gov.au/epa/pdfs/guide bunding.pdf

b) All stormwater run-off from car parking areas, driveways and other hard surfaced areas must be collected, contained, treated as necessary, and disposed of in a stormwater management system such that there is no contamination of water resources (surface or underground).

Note: All storm water discharged from the site must conform to the Environment Protection (Water Quality) Policy 2003 (SA).

c) Exhaust from the gas turbines shall be suitably dispersed to ensure the maximum predicted nitrogen dioxide concentration at ground level does not exceed 158 micro grams per cubic metre.

Development Assessment Panel 1909 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/504/05 – ENVIRONMENTAL ENERGY AUSTRALIA PTY LTD

Notations

a) This approval does not imply compliance with the Electricity Trust of South Australia Act 1946 (as amended), or the Regulations thereunder. It is the responsibility of the owner and the person undertaking development to ensure compliance with the same.

b) You are advised to contact appropriate authorities including ETSA, Telstra and SA Water in relation to the location of supply lines and other requirements prior to commencing work.

c) Consent Valid 36 Months

If substantial work on the development is not commenced within twelve months of the date of this consent, or substantially completed within thirty- six months of the date of this consent, a fresh consent must be obtained.

d) This application has been assessed and approved pursuant to the provisions of the Development Act 1993. The approval of the owner of the land to which this consent relates must be obtained prior to commencement of work.

e) During the period that the development is being undertaken care should be taken to ensure all paper, plastic, rubbish and other waste material associated with the building work is secured and contained within the subject land. Upon completion of the development the contained waste shall be removed from the site and appropriately disposed of.

f) The applicant is advised that any proposal to clear, remove limbs or trim native vegetation, unless subject to an exemption under the Native Vegetation Act 1991, requires the approval of the Native Vegetation Council. Any queries regarding the clearance of native vegetation should be directed to the Native Vegetation Council Secretariat on 8124 4700.

Notations required by the Environment Protection Authority

c) The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practical 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.

d) An environmental authorisation in the form of a license is required for the operation of this development. The applicant is required to contact the Environment Protection Authority before acting on disapproval to ascertain licensing requirements. Conditions of license will include, but will not be restricted to:-

Development Assessment Panel 1910 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/504/05 – ENVIRONMENTAL ENERGY AUSTRALIA PTY LTD

• Total oxides of nitrogen in both gas turbine exhausts shall be measured as soon as steady state operation is achieved and no later than 12 (twelve) months after commissioning. These measurements are to be made by a contractor acceptable to the Environment Protection Authority using EPA method 03.06. This starter shall be made available to the Environment Protection Authority within twenty (20) working pays of its receipt by the licensee.

• Noise monitoring by a suitably qualified acoustic engineer shall occur following commissioning to confirm the projected noise modelling.

c) A license may be refused where the applicant has failed to comply with any conditions of development approval imposed at the direction of the Environment Protection Authority.

d) Any information sheets, guideline documents, codes of practice, technical bulletins etc that are referenced in this response can be accessed on the following website http://www.epa.sa.gov.au/pub.html

Seconded

Development Assessment Panel 1911 Minutes 30 January 2006 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.9 DEVELOPMENT APPLICATION 711/63/01 – S TURNER

Reporting Officer: Kelvin Goldstone

Development No. 711/63/01 Applicant S Turner Subject Land Lot 5 of D51886, Long Gully Road, Mannum, Hundred of Finniss Proposal Dwelling & Shed

OVERVIEW

In February 2001 Mr Turner lodged an application for a dwelling and shed at Lot 5 of D51866, Long Gully Road, Mannum (the site of the subsequently approved land division which created 30 blocks).

The application was submitted prior to the gazettal of the River Murray Valley Plan Amendment Report consequently it was assessed on merit against the provisions of the River Murray Fringe Zone contained within the Development Plan at that time.

The application was approved and upon request (on four occasions) extensions of time to commence have been granted. It appears the current approval expires on 12 April 2006.

Mr Turner has requested a further extension of time.

There is a general internal policy of routinely granting extensions of time on up to two occasions. Given the ongoing complications/delays associated with Mr Turner’s land division this policy was less rigidly applied. Given the substantial time since the original consent (some five years) and the corresponding number of extensions of time granted, the matter of a further request for extension is listed for consideration and resolution of the Development Assessment Panel.

RAMIFICATION OF DECISION

A decision to grant a further extension of time will provide Mr Turner with an additional twelve months to act on the consent.

A decision to refuse an extension of time will result in the consent lapsing on 12 April 2006 (unless the consent is acted upon). Any subsequent application to construct a dwelling on the site will be assessed against the provisions of the current Development Plan, which will result in the application being classed as non-complying.

A direction of the Panel is sought.

Development Assessment Panel 1912 Minutes 30 January 2006 MID MURRAY COUNCIL – INFORMATION REPORT 6.10 ENVIRONMENT, RESOURCES & DEVELOPMENT COURT APPEALS

Reporting Officer: Kelvin Goldstone

ERD Court No. 114 of 2005 – Macrotrans Pty Ltd v Mid Murray Council

OVERVIEW

Members may recall that an application for a community title land division was refused by the Development Assessment Panel in March 2005.

The application sought to create an additional allotment (447 m2) to the rear of an existing residential allotment at 3 Busch Street, Mannum. An appeal was lodged with the Environment, Resources and Development Court and a hearing held at the Cambrai office on 2 November 2005 before Commissioner Green.

A copy of the Court Order dated 13 December 2005 which reversed Council’s decision is attached.

Kelvin Goldstone, MANAGER, ENVIRONMENTAL SERVICES

Development Assessment Panel 1913 Minutes 30 January 2006