Demolition of Fishermen's Wharf Market Building – Wharf Shed 1

Development Assessment Commission AGENDA ITEM 2.2.1 24 November 2016

Name of Applicant: Fishermen’s Wharf Pty Ltd

Demolition of Fishermen's Wharf Market building – Wharf Shed 1

Address: Lot 202 North Parade, Lot 22 Nelson Street and Part Lot 106, McLaren Parade Port Adelaide

TABLE OF CONTENTS

PAGE NO AGENDA REPORT 2-19 ATTACHMENTS 1: DEVELOPMENT PLAN PROVISIONS 20-32 2: SITE PHOTOS 33-35 3: APPLICATION & PLANS a. Development Application Form 36 b. Application Plans 37-41 c. Certificates of Title 42-54 4: STATE HERITAGE UNIT (DEWNR) COMMENTS 55-57 5: COUNCIL COMMENTS 58 6: PREVIOUS 2006 DECISION NOTIFICATION FORM 59

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OVERVIEW

Application No 040/W038/16 Unique ID/KNET ID Unique ID 1411/ KNET ID 2016/11052/01 Applicant Fishermen’s Wharf Pty Ltd Proposal Demolition of building (Fishermen's Wharf Market building- Wharf Shed 1) Subject Land Lot 202 North Parade, Lot 22 Nelson Street and Part Lot 106, McLaren Parade Port Adelaide Zone/Policy Area Regional Centre Zone/ McLaren’s Wharf Policy Area 44 Relevant Authority Development Assessment Commission Lodgement Date 12 August 2016 Council City of Port Adelaide Enfield Development Plan Port Adelaide Enfield Council consolidated 21 April 2016 Type of Development Merit Public Notification Category 1 Representations N/A Referral Agencies State Heritage Unit (DEWNR), Coast Protection Board, City of Port Adelaide Enfield Report Author Tom Victory RECOMMENDATION Development Plan Consent subject to conditions

EXECUTIVE SUMMARY

The proposal involves the complete demolition of the existing building known as Fishermen’s Wharf Market Building (formerly known as Cargo Shed No.1) which is adjacent to the Port River at Port Adelaide.

Development Plan Consent is required pursuant to Schedule 1A of the Development Regulations, because as at the time of lodgement, the subject building was nominated for State Heritage listing and also because the building encroaches on to an allotment in which an existing State Heritage Place is situated (being the Port Adelaide Lighthouse which is just to the east of the building).

During the assessment period of the development application, the South Australian Heritage Council (SAHC) undertook a heritage assessment of the building in relation to the nomination of the building as a State Heritage Place. It was deemed to not meet any criteria for it to be listed as a State Heritage Place and the nomination was subsequently declined by the SAHC on 7 September 2016. It is noted that the proposal is also not listed (nor interim listed) as a local heritage place.

Via a referral during the development applications process, the State Heritage Unit made an assessment of the Development Application and advised that the demolition should not have any adverse visual impacts on any adjoining State Heritage places, the adjacent State Heritage Area nor does the building have any intrinsic relationship with these places that could be adversely impacted by demolishing the building.

Notwithstanding the significant scale and familiarity of the building to this part of the Port Adelaide landscape, on balance the Development Plan policies do not seek the retention or adaptive re-use of the building, which is not heritage listed. While the Development Plan is generally silent on the demolition of the building, the policies envisage the redevelopment of the site which could therefore also infer its removal. It is also noted that recent Development Plan amendments removed the provisions specifically seeking the retention of this building. A range of urban uses such as residential, retail, offices amongst

2 Development Assessment Commission AGENDA ITEM 2.2.1 24 November 2016 others, and development of up to 5 stories in height (as well as a potential landmark building) is earmarked for the site by the Development Plan. The demolition of the building will enable these desired policy outcomes and is therefore considered to be in accordance with the Development Plan.

ASSESSMENT REPORT

1. BACKGROUND

1.1 Strategic Context

The South Australian Government is committed to supporting the revitalisation of the Port Adelaide Regional Centre and help create a more vibrant and prosperous Port community.

On 9 April 2015 the Port Adelaide Centre Renewal Part 1 Development Plan Amendment (DPA) was gazetted. This updated planning policy applying to the Regional Centre Zone to support initiatives of the Port Adelaide Renewal Project Precinct Plan. As part of that DPA, policies were amended which are relevant to the subject site in this application, the result of which now sets up a policy framework which is considered to enable the subject building to now be demolished (whereas Development Plan policy previously envisaged retention of the building). This is discussed in more detail in the following sections of the report.

1.2 Previous Demolition Application

On 28 June 2006 the Port Waterfront Redevelopment Committee (a sub-committee of the Development Assessment Commission at the time) resolved to refuse an application to demolish the subject building. The reasons were that the proposal conflicted with (the then) Zone Objectives 10, 11 and PDC 24 and policy area objectives 1 and 3 and principle 9 of Development Plan at that time which sought to conserve the existing character of the Port Adelaide Waterfront. The following lists the policies that were referred to in that decision as well as the concept plans related to the policies.

Port Adelaide Centre Zone

Objective 10: The conservation and enhancement of items and areas of significance to the zone's unique maritime and commercial heritage, townscape, waterscape and landscape character.

Objective 11: The reinforcement of those parts of the zone which have distinctive and valued architectural and townscape characters with compatibly designed new buildings, where their scale, height, mass, setbacks and materials enhance the character of the zone.

PDC 24 Existing buildings, places and areas of heritage value listed in Tables PAdE/2, 4 and 5 and shown on Fig PAC/2 should be conserved and their character and integrity should be protected and reinforced by compatible new development.

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Policy Area 27: McLaren’s Wharf Policy Area

Objective 1: Development should be consistent with the Desired Future Character Statement above and in accordance with Concept Plan Fig PAC/4.

Objective 3: Conserve and re-use the majority of Wharf Shed 1 and buildings of heritage significance.

PDC 9 Development immediately to the west of that part of Wharf Shed 1 conserved and re-used should be designed to complement the architectural form of the Wharf Shed 1 building, and where possible should include non-residential uses at the ground level to promote tourist activity.

1.3 Current policies vs Previous policies

It is important to note that the key policies and concept plans above, which led to the application being refused in 2006 have since been amended/deleted in 2015 such that the Development Plan no longer specifically seeks the retention of the ‘Shed 1’ building. For example the following Objective in McLaren’s Wharf Policy Area 44 has since been reworded from:

4 Conserve and re-use the majority of Wharf Shed 1 and buildings of heritage significance.

to:

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

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In addition, the relevant Concept Plan also no longer identifies the subject building as being within an ‘area for townscape conservation’, but instead now as being a ‘waterfront development area’.

2. DESCRIPTION OF PROPOSAL

Application details are contained in the ATTACHMENTS.

The proposal involves the complete demolition of the existing building known as Fishermen’s Wharf Market Building (formerly known as Cargo Shed No.1) including the removal of all deleterious material from the land.

The existing building is a steel framed, pitched roof structure with galvanised iron walls and an asbestos roof and a concrete floor. The shed was modified in the 1990’s in which a mezzanine level and roofed balconies were added to the eastern and western ends. The concrete floor has a slight slope from the southern wall down to the waterfront, resulting in a small, raised concrete plinth along the southern side of the building.

This application proposes the demolition of the building in a single stage. The applicant has however indicated during discussions with staff that if approval is granted and following comprehensive investigations on site, the applicant may seek to vary/obtain an alternative approval to allow for the demolition to occur in stages. That would then allow the building to be demolished in stages and redeveloped with replacement uses (subject to relevant development authorisations).

This staging program however does not form part of the application currently before the Commission which must be assessed on the basis that the demolition will occur within the standard timeframes under the Development Act (ie 1 year to substantially commence and 3 years to substantially complete the demolition of the whole building).

The proponent has indicated that a masterplan for the site and other surrounding properties in its ownership has been prepared which is intended to guide future urban development of the subject land and other surrounding properties following demolition of the building. Such future development does not form part of this application however, but does give an indication that the longer term goal is to redevelop the site.

Although no landscaping of the subject land is proposed to follow the demolition of the application, the proponent has stated that it would not object with the provision of a landscaping plan forming a condition of consent. However this could potentially become a redundant condition when considering the potential for a staged demolition proposal above, or if redevelopment of the site were to follow shortly after the demolition process.

3. SITE AND LOCALITY

3.1 Site Description

The subject site is located near the termination of Commercial Road, on the southern side of the Port River and immediately north of North Parade. The building is rectangular in shape, and is some 155m long by 45m wide with an area of approximately 7000m2.

The site of the existing building is mostly contained with one privately owned allotment (Lot 202 in DP 110276) however later additions to the building to the eastern and north-eastern corners encroach into two adjacent allotments (22 and Q106 below which are in the ownership of Renewal SA).

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The below table and aerial image displays this in more detail:

Lot No Street Suburb Hundred Title 202 in DP 110276 North Parade Port Adelaide Port Adelaide Reference6162/67 Q106 DP110276(part lot) in DP McLaren Parade Port Adelaide Port Adelaide 5445/53 47838 22 in DP 88720 Nelson Street Port Adelaide Port Adelaide/Out of 6104/108 Hundreds

Figure - Subject building in relation to allotment boundaries

Lot 22 (RSA)

Piece Q106 (RSA)

Subject building

Lot 202 (privately owned)

The land within and around the building is generally flat. The floor of the building was constructed with a slight slope from the southern side of the building down to the river. This results in a raised concrete plinth along the southern wall of the shed. The purpose of this was originally for at grade loading of cargo to and from trains and trucks, to the southern side of the shed during its early days of existence.

3.2 Locality

The building is located in between Black Diamond Square to the east which contains the State Heritage Listed lighthouse building, the Port River to the north, a 5-storey serviced apartment building under construction and the State Heritage listed Birkenhead Bridge to the west, and a bitumen carparking area located for the majority of the southern side of the building within the subject allotment. North Parade runs along the southern side of the car parking area.

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To the south-west is the site of a proposed new 6 -storey office building recently granted Development Plan Consent by the DAC. On the southern side of North Parade is the Port Adelaide State Heritage Area.

Locality Plan

Birkenhead Bridge

Subject

building

State Heritage Area ‘Quest’ apartments building

Approved office building

Council office

4. COUNCIL COMMENTS

4.1 City of Port Adelaide Enfield

The City of Port Adelaide Enfield is a mandatory referral in accordance with Regulation 38(2)(b) of the Development Regulations. Council stated the following:

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

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

5. STATUTORY REFERRAL BODY COMMENTS

Referral responses are contained in the ATTACHMENTS.

5.1 State Heritage Unit, DEWNR

The State Heritage Branch is a mandatory referral in accordance with Schedule 8 of the Development Regulations 2008 as the proposed demolition, upon lodgement of the application, in the opinion of the relevant authority directly affected a State Heritage Place and also materially affects the context within which a State heritage place is situated. The referral was made for multiple reasons, being:

 At the time of the referral being made for the demolition application, the subject building was nominated for potential State Heritage listing which had not yet been determined by the South Australian Heritage Council  The subject building encroaches onto an allotment in which a State Heritage Place exists (the lighthouse to the east)  The subject building represents a substantial component in the existing setting and context of the locality which is situated in close proximity to numerous State Heritage Places (being the lighthouse, the Birkenhead Bridge and the State Heritage Area to the south of North Parade).

The Commission must have regard to the advice of the State Heritage Unit. In summary, its referral response stated:

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

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

 The proposed development is considered to be acceptable in relation to the adjacent State Heritage places and State Heritage Area for the following reason/s.

- The proposed demolition does not directly affect the physical fabric of either State heritage place or the Port Adelaide State Heritage Area. - The proposed demolition will alter the visual context of the two State heritage places and the Port Adelaide State Heritage Area, but without any adverse impact on their heritage context. - The Fishermen’s Wharf Market shed itself is not considered to be of State heritage significance. - The proposed demolition is not considered to have any adverse impact on the heritage values of the Port Adelaide State Heritage Area. - The proposed demolition is not considered to have any adverse impact on the heritage values of the Birkenhead Bridge or the Lighthouse.

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- Further advice – The South Australian Heritage Council (SAHC) concluded that, although the Fishermen’s Wharf Market shed failed to meet any of the criteria for State heritage listing, it may be of local heritage significance. - The SAHC has subsequently written to the Port Adelaide Enfield Council recommending that they might consider it for local listing.

In addition to the above commentary, the State Heritage Unit recommended that a number of standard advisory notes be attached to any consent granted.

5.2 Coast Protection Board

The Coast Protection Board is a mandatory referral agency in accordance with Schedule 8 of the Development Regulations 2008 as the application proposes development on ‘coastal land’ as defined in Schedule 8.

The Board stated it had no comment to make on the application.

6. PUBLIC NOTIFICATION

The application is a Category 1 development pursuant to the procedural matters of the Regional Centre Zone (which states that all forms of development are Category 1 within McLarens Wharf Policy Area 44, except where the construction of a new building would exceed designated height limits). No public notification was therefore required.

7. POLICY OVERVIEW

The subject site is within the Regional Centre Zone and McLaren’s Wharf Policy Area 44 as described within the Port Adelaide Enfield Council Development Plan Consolidated 21 April 2016.

Relevant planning policies are contained in Appendix One and summarised further below.

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Zoning/Policy Area Map

Site

RCe/44 RCe/47

RCe/44: Regional Centre Zone – McLarens Wharf Policy Area 44

RCe/47: Regional Centre Zone – State Heritage Area Policy Area 47

7.1 Policy Area

The McLaren’s Wharf Policy Area (the Policy Area) encompasses the southern inner harbour waterfront between the entrance to dock one in the east and Hart’s Mill to the west – as illustrated by the McLaren’s Wharf Policy Area Concept Plan below:

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The Policy Area generally seeks:

 an area developed with mixed tourism, retail, office, recreational, educational and residential development of diverse character which capitalises on its access to the waterfront. It is also seeks that buildings of heritage significance by conserved and adaptively re-used

 residential accommodation that overlooks the Port Adelaide River.

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

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

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

7.2 Zone

The Regional Centre Zone is an expansive zone of some 4 square kilometres straddling the Inner Harbour of the Port River. It is divided into 17 Policy Areas. In covering a large and diverse area the zone provides high level guidance with respect to land use in favour of allowing its Policy Areas to provide finer grained guidance on this. Zone policy does, however, explicitly contemplate and envisage development that increases the resident and working population in pursuit of revitalisation and vibrancy.

Some key points of the Zone of relevance to this proposal area the desire for:

 A more intense optimal use of vacant and under-utilised land, buildings and the inner harbour of the Port Adelaide River.  The further development of tourism, cultural and recreational facilities related to Port Adelaide's unique maritime and commercial heritage and character, and promotion of the zone as a major State tourism destination.  The conservation and enhancement of items and areas of significance to the zone's unique maritime and commercial heritage, townscape, waterscape and landscape character.  The reinforcement of those parts of the zone which have distinctive and valued architectural and townscape characters with compatibly designed new buildings, where their scale, height, mass, setbacks and materials enhance the character of the zone.  The rehabilitation of blighted and underutilised waterfront land.  Development should be located, staged and designed such that vacant or underutilised land and buildings are redeveloped or reused for more appropriate uses. 13 Development Assessment Commission AGENDA ITEM 2.2.1 24 November 2016

 Land adjacent to the Port Adelaide River not required for port or shipping activities should be progressively redeveloped for a range of community, medium to high residential, recreation, tourism, office and retail uses.  Tourist development should be primarily situated adjacent to, and on the Port Adelaide River and associated public promenade within the McLaren’s Wharf Policy Area.

7.3 Council Wide

Given the limited nature of the application being proposed, relevant Council Wide policies are considered to be limited to environmental protection of coastal areas (in relation to management of impacts to the river through the demolition process, the setting of adjoining State/Local Heritage Places, management of demolition issues such as noise and other impacts and visual amenity/landscaping (in relation to the appearance and rehabilitation of the site following demolition being completed, if the application is approved).

7.4 Overlays

7.4.1 Heritage

Overlay Map PAdE/17 (Heritage) is considered relevant due to the subject building being adjacent to State Heritage Places and the State Heritage Area to the south of the site.

8. PLANNING ASSESSMENT

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

8.1 Heritage/Character

As outlined in more detail in Section 5.1, the building was recently considered for State Heritage listing but did not meet any criteria for it to be listed. The building is also not Local Heritage listed (nor under any interim listing). The State Heritage Unit has considered what impacts the demolition of the building may have on the setting and heritage values of adjacent State Heritage places and State Heritage Area and concluded that there should not be adverse impacts in this regard arising from the demolition.

Accordingly it is considered that the proposal accords with Council Wide Objective 3 and PDCs 6 and 9.

It is noted that PDCs 7 and 8 of the Regional Centre Zone speaks towards the conservation and enhancement of items and areas of significance to the Zone’s unique maritime and commercial heritage, townscape, waterscape and landscape character. It could be argued that these policies could be interpreted to warrant the retention of the building as it may hold some value in relation to Port Adelaide’s unique maritime character and holds a significant component in the existing familiar landscape of that part of Port Adelaide. However when viewing this policy in conjunction with the Development Plan as a whole, it is considered that the subject site has been specifically excluded from buildings/areas in which these policies are targeted towards. In particular it is noted:

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 The site is not state or local heritage listed. McLaren’s Wharf Policy Area 44 Objective 3 seeks the conservation and adaptive re-use of buildings only of heritage significance.  Concept Plan Map PAdE/28 was amended in the 2015 DPA so that the area in question is no longer part of the area previously included as being sought for ‘townscape conservation’, and has instead now been designated as a ‘Waterfront Development Area’.  Concept Plan Map PAdE/36 promotes the site for development up to 5 stories in height and also to host a ‘potential landmark building’  The following policies overwhelmingly seek the subject site, and areas adjacent to it, being redeveloped with a more intense urban form and height and a mix of urban uses:

- McLaren’s Wharf Policy Area 44- Objectives 1 and 4, Desired Character Statement and PDCs 1, 2, 3, 5 and 14

- Regional Centre Zone - Objectives 1, 5, 6 and 16, Desired Character Statement and PDCs 1, 7, 8, 10, 13, 15, 24, 26 and 49

8.2 Appearance

The proposed demolition of the significant building, located centrally in what is a key tourist destination and adjacent State Heritage Items, does raise some concern in terms of the appearance of the land following the demolition process. It is considered that the potential visual impacts post the proposed demolition is a relevant planning consideration in the assessment of the application.

It is noted that the Port Adelaide Development Plan does not contain policies (as the City of Adelaide Development Plan does) in relation to the requirement for a replacement building/use to be authorised before the relevant authority authorises demolition of an existing building. As a point of reference the City of Adelaide Development Plan contains the following provision:

202 The demolition of any building should not occur unless Development Approval for a replacement development has been granted. Exceptions may only be granted: (a) for documented reasons of public health or safety agreed by the planning authority or alternatively agreed by a statutory order; or (b) where located within the Park Lands Zone.

Should the replacement development not commence within 12 months of the granting of Development Approval, then landscaping of the site should be undertaken.

It is noted that although no such policy exists in the Port Adelaide Development Plan, the following policies are still considered relevant in relation to potential visual impacts which could arise from the demolition:

McLaren’s Wharf Policy Area 44 – PDCs 6, 16

Regional Centre Zone – Objectives 3, 10, 12, 15, PDCs 8, 37

Council Wide- Objective 1, PDCs 1, 3, 7

It is considered important with the above policies in mind and given the size and key location of the area of land in question, that the potential for the land being left 15 Development Assessment Commission AGENDA ITEM 2.2.1 24 November 2016

vacant for an extended period of time after demolition without it being landscaped and/or appropriately rehabilitated should be avoided.

The application documents do not provide details on how the land is to be rehabilitated or landscaped following the demolition of the building. This is however somewhat understandable as:

1) The demolition process could end up being sought to be staged in nature (via a future ‘follow up’ application) where portions of the building are demolished one at a time then replaced with new development or land uses shortly after, thus negating the need to rehabilitate/landscape the area following demolition, or

2) It may be unclear at this point in time as to how long the subject land may lay vacant before being redeveloped (thus investing in landscaping or other urban treatments could be undesirable if only to be removed through construction activities shortly after).

With the above matters in mind, it is considered reasonable to attach a condition to any Development Plan Consent that requires the proponent to undertake landscaping/rehabilitation of the land within 12 months of the demolition occurring. It is noted that the applicant has agreed in principle such a condition.

8.3 Environmental Factors

It is considered important for a demolition of a building of this scale, which is also in close proximity to the Port River (which is defined as ‘Coastal Land’ in the Development Regulations 2008), that appropriate practices are adopted during the demolition process to protect the environment and also health/amenity of persons undertaking the demolition or residing/working in close proximity to the site (from issues such as noise, dust or asbestos exposure). These matters are generally covered under other legislation such as the Environment Protection Act and also demolition activities are overseen by Safework SA.

A condition requiring a Demolition Environment Management Plan is however recommended so as to ensure the following matters are adequately managed through the demolition process:

 air quality, including odour and dust  surface water including erosion and sediment control  soils, including fill importation, stockpile management and prevention of soil contamination  groundwater, including prevention of groundwater contamination  noise  management of waste include resource recovery during demolition  occupational health and safety

Such a condition being attached should assist in addressing relevant Development Plan policies being ‘Coastal Areas’ Section Objectives 1, 2, 4 and 8 and PDC 5 and Interface between Land Uses Objectives 1 and 2 and PDCs 1, 2 and 11.

9. CONCLUSION

This application requires a Development Plan Consent because as at the time of lodgement, the subject building was nominated for State Heritage listing and also because the building 16 Development Assessment Commission AGENDA ITEM 2.2.1 24 November 2016 encroaches on to an allotment in which an existing State Heritage Place is situated (being the lighthouse to the east).

Following the completion of the assessment process by the South Australian Heritage Council (SAHC), the subject building did not meet any criteria for it to be listed as a State Heritage Place and the nomination was subsequently declined by the SAHC. The proposal is also not currently listed (nor interim listed) as a local heritage place.

The State Heritage Unit has assessed the proposal and determined that the demolition should not have any adverse visual impacts on adjoining State Heritage places, State Heritage Area nor does the building have any intrinsic relationship with these places that could be adversely impacted by demolishing the building.

While it can be argued that the Fisherman’s Wharf building has significance as one of the only remaining wharf buildings in this particular locality, it has recently been considered for State Heritage listing and was declined. Overall the Development Plan policies do not seek the retention or re-use of the subject building. Indeed, as a part of the Port Adelaide Centre Renewal Part 1 DPA, policies and concept plans relating to the site were specifically amended to create a policy regime in which the potential for demolition of the building is envisaged.

The direction of the Development Plan for the subject site envisages that it be developed with a range of urban uses such as residential, retail, offices amongst others, and that development of up to 5 stories in height (as well as a potential landmark building) is earmarked for the site. The removal of the building to potentially enable these desired outcomes is therefore considered to be in accordance with Development Plan policies applying to this site.

In consideration of all the above, the application warrants Development Plan Consent, subject to conditions aimed at ensuring the demolition process appropriately manages environmental, amenity and health concerns as well as ensuring the land will not be left in an undesirable state for any extended period of time once demolition is complete.

10. RECOMMENDATION

It is recommended that the Development Assessment Commission:

1) RESOLVE that the proposed development is NOT seriously at variance with the policies in the Development Plan.

2) RESOLVE that the Development Assessment Commission is satisfied that the proposal generally accords with the relevant Objectives and Principles of Development Control of the Port Adelaide Enfield (City) Development Plan, in particular, key objectives of the McLaren’s Wharf Policy Area 44 and the Regional Centre Zone including Concept Plan Maps PAdE/28 and PAdE/36.

3) RESOLVE to grant Development Plan Consent to the proposal by Fishermen’s Wharf Pty Ltd for the demolition of the Fishermen's Wharf Market building – (Wharf Shed 1) at Lot 202 North Parade, Lot 22 Nelson Street and Part Lot 106, McLaren Parade Port Adelaide, subject to the following conditions of consent.

PLANNING CONDITIONS

1. That except where minor amendments may be required by other relevant Acts, or by conditions imposed by this application, the development shall be established in strict 17 Development Assessment Commission AGENDA ITEM 2.2.1 24 November 2016

accordance with the details and following plans submitted in Development Application No 040/W038/16:

Plans:

Drawing No. Sheet Title Revision Date SK01 Intro, Fishermen’s Wharf - July 2016 Market, Site Plan SK SK05 Intro, Fishermen’s Wharf - July 2016 Market, Demolition Plan

2. If a replacement development for a substantial portion of the site is not undertaken within 6 months of the demolition of the building, the applicant shall submit a detailed landscaping and land rehabilitation plan to the satisfaction of the Development Assessment Commission. The plan shall then be implemented within 12 months of the demolition of the building, unless a replacement development for a substantial portion of the land has been substantially commenced on the site.

3. A Landscaping and Land Rehabilitation Plan shall be submitted to the satisfaction of the Development Assessment Commission within 10 months of the demolition of the Fishermen’s Wharf building and implemented within 12 months of the demolition of the building. Landscaping for the site will not be required in the event that a replacement development (which is considered to be substantial by the Commission) is approved and being undertaken on the site within 12 months of the demolition of the building.

4. A Demolition Environment Management Plan shall be prepared and implemented in accordance with current industry standards to minimise environmental harm and disturbance during the demolition process.

The management plan must incorporate, without being limited to, the following matters:

a. air quality, including odour and dust b. surface water including erosion and sediment control c. soils, including fill importation, stockpile management and prevention of soil contamination d. groundwater, including prevention of groundwater contamination e. noise (Site development machinery should generally not be operated outside the hours of 7 AM to 6 PM daily). f. management of waste include resource recovery during demolition g. occupational health and safety, and h. the removal of all deleterious material from the land in a timely fashion.

A copy of this plan shall be provided to the satisfaction of the Development Assessment Commission prior to the commencement of demolition.

ADVISORY NOTES a. The development must be substantially commenced within 12 months of the date of this Notification, unless this period has been extended by the Development Assessment Commission. b. The authorisation will lapse if not commenced within 12 months of the date of this Notification.

18 Development Assessment Commission AGENDA ITEM 2.2.1 24 November 2016 c. The applicant is also advised that any act or work authorised or required by this Notification must be completed within 3 years of the date of the Notification unless this period is extended by the Commission. d. The applicant has a right of appeal against the conditions which have been imposed on this Development Plan Consent or Development Approval. e. Such an appeal must be lodged at the Environment, Resources and Development Court within two months from the day of receiving this notice or such longer time as the Court may allow. f. The applicant is asked to contact the Court if wishing to appeal. The Court is located in the Sir Samuel Way Building, Victoria Square, Adelaide, (telephone number 8204 0289). g. Demolition waste and excavated materials (including soil) shall be appropriately classified, managed and stored for on-site use or transported off-site for re-use and/or disposal in accordance with the Environment Protection Authority (EPA) Guideline: Standard for the production and use of Waste Derived Fill (October 2013). h. Any changes to the proposal for which planning consent is sought or granted may give rise to heritage impacts requiring further consultation with the Department of Environment, Water and Natural Resources, or an additional referral to the Minister for Sustainability, Environment and Conservation. Such changes would include for example (a) an application to vary the planning consent, or (b) Building Rules documentation that incorporates differences from the proposal as documented in the planning application. i. The following are requirements of the Heritage Places Act 1993.

(a) If an archaeological artefact believed to be of heritage significance is encountered during excavation works, disturbance in the vicinity shall cease and the SA Heritage Council shall be notified. (b) Where it is known in advance (or there is reasonable cause to suspect) that significant archaeological artefacts may be encountered, a permit is required prior to commencing excavation works. For further information, contact the Department of Environment, Water and Natural Resources. j. The following are requirements of the Aboriginal Heritage Act 1988:

(a) If Aboriginal sites, objects or remains are discovered during excavation works, the Aboriginal Heritage Branch of the Aboriginal Affairs and Reconciliation Division of the Department of the Premier and Cabinet (as delegate of the Minister) should be notified under Section 20 of the Aboriginal Heritage Act 1988.

Tom Victory PRINCIPAL PLANNING OFFICER CBD AND INNER METRO TEAM DEVELOPMENT DIVISION DEPARTMENT OF PLANNING, TRANSPORT and INFRASTRUCTURE