DAC AGENDA ITEM 3.1
Applicant: D’arenberg Wines
Proposal: Land Division – Concurrence – DA 145/D016/13
Division of land – 3 allotments into 3 allotments – Hills Face Zone & Rural Zone
Officer: Simon Neldner Statutory Planning Branch – Planning Division Department of Planning, Transport & Infrastructure
TABLE OF CONTENTS
PAGES AGENDA REPORT 2-20
ATTACHMENTS LOCALITY PHOTO 21 ZONE + DEVELOPMENT PLAN MAPS 22-24 APPLICATION DOCUMENTS & PLANS 25-61 AGENCY ADVICE – DAC & SA WATER 62-63 COUNCIL ADVICE 64-81 12 June 2014
DAC AGENDA ITEM: 3.1
Application No: 145/D016/13 Applicant: D'arenberg Wines Proposal: Land Division [3 into 3] Subject Land: Whitings Road, Blewitt Springs Relevant Authority: Council Role of the Commission: Pursuant to Section 35(3) of the Development Act 1993, the Commission has been requested to concur with the Council's decision to grant Development Plan & Land Division consent. Zone / Policy Area: Hills Face Zone & Rural Zone – no policy area. Categorisation: Non-Complying Notification: Category 3 Lodgement Date: 1 February 2013 Council: City of Onkaparinga Development Plan: 24 January 2013 Referral Agencies: SA Water Officers Report: Simon Neldner Recommendation: NOT CONCUR
PLANNING REPORT
1. PROPOSAL
To undertake a division of land (3 into 3) – no additional allotments are to be created. The subject land comprises three allotments (Lots 2, 89, 100) with a combined area of 22.93ha. It is proposed to re-align the current allotment boundaries to create three allotments of 4255m2 (Allotment 22), 1.16ha (Allotment 20), and 21.3ha (Allotment 21). All proposed allotments have a frontage to and access from Whitings Road.
Allotment 20 is a proposed rural residential allotment. Allotment 21 is formed from the amalgamation of the balance of Allotments 2 and 89. Allotment 22 is formed from a small increase from existing Allotment 100 to rectify an encroachment issue which exits in current Allotment 89. This allotment already contains a dwelling and for the purposes of this assessment report and recommendation is not relevant (as there is no change of any planning consequence). Page | 2
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In summary, the main intent of the proposed re-arrangement of allotment boundaries is to provide for a smaller rural living type allotment on proposed A20 (with a building envelope that delineates a possible future dwelling site and separation distances to an adjusted vineyard area) and amalgamate the balance of the land to comprise the remaining vineyards (21.3ha).
There are no State Government interests or registered easements on the subject land. Current Allotment 2 was previously subdivided in July 1946 and again in January 1971 to create two additional allotments on Whitings Road (A100 in FP153386; and adjoining A1 in FP153387), which both contain dwellings, with the balance of this land remaining for primary production purposes.
Application details are contained in the ATTACHMENTS.
Previous application - 145/D049/08
On 13 September 2012, the Development Assessment Commission considered a concurrence request by the Council on essentially the same land (excluding the small portion of current Allotment 100 with this subdivision), that sought to re-align existing allotment boundaries to create two allotments of 20.42ha (Lot 51) and 2.103ha (Lot 50). Access to both allotments would have been from Whitings Road.
Following a review of the documentation and consideration of an independent planning report, the Commission resolved not to concur with the decision of the City of Onkaparinga to grant Development Plan Consent and Land Division Consent.
The creation of a rural living type allotment, within an existing vineyard, was not viewed as a minor re-alignment of allotment boundaries to support an existing rural enterprise, but rather for a rural residential purpose, nor was the proposal found to assist in the preservation and enhancement of natural or rural character in the Hills Face Zone. The applicant withdrew the proposal following the Commission's decision not to concur.
For comparative purposes, a representation of this previous application and the current proposal before the Commission (as it relates to the arrangement of the rural residential allotment) is contained in the assessment section (Figure 1).
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2. DEVELOPMENT PLAN POLICY SUMMARY
The subject site is located within the Hills Face Zone and the Rural Zone of the Onkaparinga (City) Development Plan (Consolidated 24 January 2013). Land division within the Hills Face Zone is a non-complying form of development - noting that only a small portion of the subject land is within the Rural Zone (south-eastern corner).
The Hills Face Zone seeks the preservation and enhancement of natural character and to accommodate low-intensity agricultural activities. Each development should be assessed on the extent to which it preserves and enhances the natural character or, more importantly, assists in the re-establishment of a natural character, rather than on the basis of a comparison with existing development in its locality. The Hills Face Zone is not a residential zone.
The Rural Zone seeks the maintenance and enhancement of the natural resources of the zone and the protection of productive agricultural land from conversion to non-productive or incompatible uses. Development should primarily be limited to that which is essential for the maintenance of sustainable grazing, commercial forestry and mixed agricultural activities.
Council-Wide objectives of relevance include: Hazards, Interface between landuses, Land Division, Natural Resources, Orderly and Sustainable Development, Transportation and Access and the Character Preservation District.
The subject land is within both a Medium Bushfire Risk area (Refer Onka (BPA)/14) and the Character Preservation District (Refer Onka(CPD)/1).
3. DESCRIPTION OF THE SITE AND LOCALITY
The subject site is located at Whitings Road, Blewitt Springs and is described as follows:
Lot No Street Suburb Hundred CT Reference 2, FP153388 Whitings Road Blewett Springs Willunga CT 5415/635 89, FP153375 Whitings Road Blewett Springs Willunga CT 5415/650 A100, Whitings Road Blewett Springs Willunga CT 5650/984 FP153386
Current Allotment 100 contains an existing dwelling. No dwellings are located on either Allotment 2 or Allotment 89, but two smaller outbuildings and a dam are situated on the later parcel. Both of the primary production allotments are accessible from Whitings Road, with an existing access track along the southern boundary of Allotment 89. This access track is to be retained.
The majority of the arable or farmed area is planted to vines, with some native vegetation situated in the centre of the land (along an existing creek line that bisects the land north to south). This existing stand of native vegetation forms part of a corridor which links with other rural land holdings, extending to and connecting with the Onkaparinga River National Park to the north.
Land uses within the locality are predominately related to primary production – mostly for viticultural purposes – on larger allotments with smaller rural-residential properties or homesteads interspersed across an undulating rural landscape. Significant areas of land have been previously set aside for conservation purposes, whilst the majority of other native vegetation is confined to existing creeklines and along road reserves (that contributes to the overall rural character of this locality within the McLaren Vale region).
There are no registered easements or other encumbrances over the land.
Locality photograph is contained in the ATTACHMENTS.
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4. AGENCY COMMENTS
SA Water No requirements - no water/sewer service available
DPTI - Planning Services Two copies of a certified survey plan.
Agency comments are contained in the ATTACHMENTS.
5. NOTIFICATION
The Council assessed the proposal as a Category 3 development. No representations were received following notification of the development application in the Adelaide Advertiser.
6. COUNCIL COMMENTS
The Council considered the matter under delegated authority and resolved to grant Planning Consent and Land Division Consent subject to two conditions and one land division requirement and the concurrence of the Development Assessment Commission.
The Council has advised that the applicant will enter into a Land Management Agreement (LMA) which obliges the owner of Allotment 20 to build within the designated building envelope, acknowledge the existence of commercial vineyards on surrounding land and establish and maintain a vegetative buffer around the sides and rear of any prospective dwelling.
A copy of the Council planning officer's report and draft Land Management Agreement are contained in the ATTACHMENTS.
7. PLANNING ASSESSMENT
An assessment against relevant provisions of the Development Plan is provided below. Planning policies referred to in this assessment are contained at the conclusion of this report.
The applicant has provided a detailed Statement of Effect from Ben Green and Associates and the Council has also forwarded a delegated staff report for the Commission's consideration. These reports provide the full background to the proposal.
The majority of the land and the proposed division (that seeks to realign the boundaries of the existing allotments to create Allotment 20 for a rural living purpose) are all within the Hills Face Zone. These policies are seen to be the most critical to an assessment, along with Council wide policies relating to interface between landuses, land division, natural resources, orderly and sustainable development, and the Character Preservation District.
In relation to this application, the Development Plan seeks the following:
. The proper distribution and segregation of land uses through the allocation of suitable areas of land for those purposes (i.e. rural living in rural living zones etc). . Rural areas should be retained primarily for primary production purposes - land particularly suitable for viticulture should be used or remain available for such purposes. . Development which would remove productive land from primary production or diminish its overall productivity for primary production should not be undertaken unless the land is required for essential public purposes. . The size, shape, number and diversity of allotments resulting from a division of land should promote the stated objectives for the zone.
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. An improvement to the quality of existing catchments (including overland flows, groundwater and discharge of stormwater) – including consideration of any potential impact from chemical spray drift, run off or residue in soils.
And in the Hills Face Zone:
. The enhancement of natural character and the retention of native vegetation . The continuation of low-intensity agricultural activity is specifically envisaged (but does not totally preclude other uses – even housing - only that residential development is not anticipated or encouraged). . Limiting the extent of visual intrusion or landscape character impact from new development (i.e. dwellings, ancillary structures, farm buildings etc) – particularly on scenic or tourist routes.
Since the previous application came before the Commission, interim policies – as outlined in the Barossa Valley and McLaren Vale Protection Districts DPA (Interim) (Ministerial) - [28 September 2011] – have been reviewed and then incorporated into the Onkaparinga (C) Development Plan. In addition, separate (but related) legislation – the Character Preservation (McLaren Vale) Act 2012 – was passed into law and came into operational effect on 18 January 2013.
The Council’s consultant planner has had regard to both the Character Preservation policies contained in the local Development Plan and the objectives of the Character Preservation (McLaren Vale) Act 2012 in the assessment report. This legislation, which contains a number of objectives that are required to be reflected in planning policy, also requires a person or body involved in the administration of the Development Act, in exercising its powers and functions in relation to the Character Preservation District, to have regard to the further objects of this act.
The objectives and character values of relevance are outlined in Appendix Two.
I generally agree with the Council’s assessment of the current proposal against these provisions – so there is no need to repeat these conclusions. It is also noted that presently a dwelling could be separately constructed on both existing Lots 2 and 89. The only point of departure, is that the creation of a rural living allotment severs any connection of this land to the primary productive use already well established. These are cumulative impacts, a gradual erosion of rural character with the establishment of uses that rub against the grain – namely the “undulating and spacious values containing farming and horticultural activities” that define the iconic nature of the region.
The applicant's Statement of Effect supports the proposed re-alignment of boundaries for the following reasons:
. provides an orderly realignment of boundaries with each allotment appropriately connected to services (where available) and each with a public road frontage to provide safe and efficient access. . the proposal will improve the viability and management of the primary production vineyard by being located on a single allotment for the long term. . the rural living allotment is provided with a suitable building envelope (under an LMA) to ensure "minimal" impacts. . no native vegetation needs to be removed and there will be no impact on the existing watercourse. . does not threaten the future attainment of those objectives and principles of Development Control relating to the Hills Face Zone and Rural Zone.
The Council’s assessment report largely supports this view, and makes the following comments:
. the special character [as outlined by the Character Protection (McLaren Vale) Act] would not be adversely or noticeably affected by the proposal.
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. the intended use of the land does not undermine the objectives of the zones in which the land is situated to any greater extent than already exists with the current allotment layout nor does to measurably impact on the pattern of development within the locality. . the retention of vineyards on the larger of the two allotments is consistent with fostering primary production. . The land does not have any role in providing a backdrop to the Adelaide Plains and is not located on a nominated tourist route. . There is no increased need or demand for services at a cost to the community.
In considering the merits of the application, the key considerations for new development on the subject land and immediate locality are these:
. current policies do not envisage the establishment of exclusively residential uses. . rural areas should be retained primarily for primary production purposes - development which would remove land from productive use should not be undertaken unless the land is required for essential public purposes. . Character Preservation provisions seek the long term use of land for primary production and that development should retain the predominant rural landscape character and function of the district.
The proposal does not fully satisfy these threshold tests. Land division in the Hills Face Zone is a non-complying form of development, where boundary realignments are generally minor in nature: to remedy encroachment issues, to reflect existing land uses and to provide for public infrastructure. These policies do not preclude certain types of development, nor the construction of a dwelling on a single allotment, but the right to develop is a limited one –in terms of both policy implementation and procedural requirements.
In the Council’s report it was contended that the land - in its current form - could be converted to a different use (such as a hobby farm) given the size of the existing allotments, whereupon a trade-off between the consolidation of the vineyard use into a more viable economic unit with the creation of a smaller rural living allotment can be supported.
The argument that the creation of the new rural residential allotment is either necessary to facilitate, or has a direct relationship to, the amalgamation of the balance to create a more viable productive unit, cannot be sustained. The existing vineyards (which are already part of a larger farming enterprise) do not require a subdivision to facilitate their on-going primary productive use or to enhance their better management. The existing tenure arrangements have not prevented a significant capital investment, first to plant the arable area to vines and then to maintain them.
In addition, the existing allotment boundaries do not prevent the continued use of the subject land as a consolidated whole - as the land is clearly farmed as a collection of vineyards under the same ownership. The land is identified as such with dedicated and prominent corporate signage situated on Whitings Road. The D'arenberg Wines website also states the following:
The Bamboo Ridge A prime Blewitt Springs property located on a high sandy ridge along Whittings Rd. The 19.47ha (48.2 acres) property is planted to Chardonnay, Chenin Blanc, Semillon, and Merlot with excellent old vines of Cabernet Sauvignon and Grenache and Shiraz which are the highlights of this property. All soils are deep sand.
The subject property would appear to be highly valued for its varietal plantings and complementary growing environment, where any reduction in the established vineyard appears to contradict those planning policies that seek the retention of rural land for expressly this purpose. If economic viability was the key issue (i.e. size of the allotments) the applicant is able to amalgamate both allotments into one single allotment at any time (and would not constitute ‘development’ under the Act).
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The introduction of a rural-residential use – outside of an established centre or zone – does not (at face value) improve the productivity or management of the land. Indeed, the introduction of a contrary use (under a different ownership not related to the existing use) increases the likelihood of disturbance and complaint (from the rural-residential interface created where one does not currently exist) and increases the potential for a reduction in water quality into the existing catchment (simply through the introduction of everything that goes with a rural living use – a dwelling, outbuildings and tanks, parking and manoeuvring areas, waste control systems, fencing, infrastructure and service provision etc).
The Council and applicant have indicated a willingness to enter into a Land Management Agreement (LMA) that would oblige any prospective owner of Allotment 20 to build within a designated building envelope, acknowledge the existence of commercial vineyards on surrounding land and establish and maintain a vegetative buffer around the sides and rear of any prospective dwelling. This is designed to manage impacts where none exist at the present – the requirement for extensive setbacks (40m), the establishment and care of vegetation buffers on three sides (to maintain its existing rural character), and an acknowledgement of the obvious - that surrounding land is used for primary production.
LMA's are no substitute for the application of Development Plan policies - which in my view seek to limit development which has the potential to diminish the productive value of land and create conflicting landuse. An additional requirement of the LMA, that the adjoining landowner (Allotment 21) must advise the rural living owner of spraying times 12 hours in advance of this activity, appears unnecessarily burdensome for routine work that occurs now without restriction.
I do not agree with the applicant’s statement that the “proposed division will, in effect, simply re- align the existing allotments ….. to possibly contain a single detached dwelling in the most appropriate (my emphasis) locations without causing undue impact on the viticultural development of the land”. The current proposal - whilst proposing a smaller rural living allotment than previously considered under 145/D049/08 – has the potential to remove more arable land (under vine) than before, whilst the most obvious alternative for a small rural living site, adjoining current Allotment 100 (which was previously subdivided), remains unexplored.
Figure 1: Previous land division (red outline), proposed land division (green outline)
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For the above reasons, the proposal is seen to be contrary to the following provisions of the Onkaparinga (City) Development Plan dated 24 January 2013:
Hills Face Zone OB2, PDC1, PDC28
Council-Wide Interface Between Land Uses: OB1, PDC2, PDC9 Land Division: OB2, OB4, PDC2(f); PDC19-20 Orderly and Sustainable Development: OB3-4, PDC1 Character Preservation District: OB1(c), PDC1
The proposal does meet a number of Development Plan provisions in respect to land division requirements, such as the provision of safe and efficient access, the retention and preservation of existing native vegetation, and creates an allotment configuration that can be serviced and developed (Refer CW: Land Division; Transportation and Access etc).
8. CONCLUSION
The applicant (from their Statement of Effect) contends that the proposal is relatively benign; a re-arrangement of allotment boundaries to consolidate the vineyard portion into a larger balance allotment and create a smaller rural living allotment. There are sufficient grounds not to concur with the Council’s decision, based upon policies that regulate the development of land in the Hills Face Zone and Council-Wide principles in respect to rural development, character preservation and orderly and sustainable development.
On this basis, the land division proposal should be rejected.
However I also acknowledge these are finely balanced arguments, and it is the weighting and interpretation of existing policy on the threshold tests (and not how the land division itself meets other technical requirements) that has resulted in a contrary recommendation being put before the Commission. In my opinion, the applicant has not demonstrated how the division assists in the better management and productive use of the land. The arrangement of allotments does not necessarily relate to how the land is farmed - the applicant currently utilises this land as an integrated whole and the existing tenure arrangements do not appear to create any impediment to the continuation of the vineyard operations.
Alternatively, if the Commission wishes to grant concurrence, the applicant has provided a sufficient area for a dwelling (and waste control system) to be established, with Allotment 20 having safe and efficient access to Whitings Road, no native vegetation is removed and a Land Management Agreement has been proposed to minimise potential interface impacts with surrounding vineyards. The subject land is located within a Medium Bushfire Risk area, but any dwelling application will be subject to any requirements outlined in the Minister’s Specification for development in designated bushfire prone areas.
On balance, and for the reasons stated above, I have concluded that the application is not seriously at variance with the Development Plan, only that the proposed division is contrary to the provisions of this Plan and should not be approved in its present form.
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9. RECOMMENDATION
I recommend 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 to NOT CONCUR with the City of Onkaparinga to grant Development Plan Consent and Land Division Consent to Development Application No 145/D016/13 for a re- alignment of allotment boundaries (3 into 3) at Whitings Road, Blewitt Springs as the proposal is contrary to the following provisions:
Hills Face Zone OB2, PDC1, PDC28
Council-Wide Interface Between Land Uses: OB1, PDC2, PDC9 Land Division: OB2, OB4, PDC2(f); PDC19-20 Orderly and Sustainable Development: OB3-4, PDC1 Character Preservation District: OB1(c), PDC1
…………………………………………………. Simon Neldner PRINCIPAL PLANNING OFFICER STATUTORY PLANNING BRANCH (DPTI)
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APPENDIX ONE: RELEVANT PLANNING POLICIES
The Objectives and Principles of Development Control in the Development Plan most relevant to the assessment of the application are outlined as follows. These are contained in the Onkaparinga (City) Development Plan (Consolidated 24 January 2013).
Hills Face Zone
OBJECTIVES
Objective 1: A zone in which the natural character is preserved and enhanced or in which a natural character is re-established in order to;
(a) provide a natural backdrop to the Adelaide Plains and a contrast to the urban area; (b) preserve and develop native vegetation and fauna habitats close to metropolitan Adelaide; (c) provide for passive recreation in an area of natural character close to the metropolitan area; (d) provide a part of the buffer area between metropolitan districts and prevent the urban area extending into the western slopes of the ranges; and (e) ensure that the community is not required to bear the cost of providing services to land within the zone.
Objective 2: A zone accommodating low-intensity agricultural activities and public/private open space and one where structures are located and designed in such a way as to:
(a) preserve and enhance the natural character or assist in the re-establishment of a natural character in the zone; (b) limit the visual intrusion of development in the zone, particularly when viewed from roads within the zone or from the Adelaide Plains; (c) not create, either in themselves, or in association with other developments, a potential demand for the provision of services at a cost to the community; and (d) prevent the loss of life and property resulting from bushfires.
Commentary
The western slopes of the Mount Lofty Ranges in metropolitan Adelaide are an important natural asset to both the population of the urban area and the tourism industry. Development which is undertaken in this zone should not only preserve but should also enhance the natural character of the zone or assist in the re-establishment of a natural character.
The term "natural character" refers to the natural topography, native vegetation and colours, such as greens and browns of non-reflective earthen tones, normally associated with a natural landscape. Additionally, natural character refers to the open character of the land in those areas of the zone where open grazing currently predominates. Thus, existing buildings should not be seen as setting a precedent when assessing the impact of a proposed development. Each development should be assessed on the extent to which it preserves and enhances the natural character or, more importantly, assists in the re-establishment of a natural character, rather than on the basis of a comparison with existing development in its locality.
In those parts of the zone where, prior to 1975, concentrations of smaller than average allotments were created, special attention needs to be paid to the scale, design and landscaping of development because there are fewer locational options for development on these allotments.
The extent of native vegetation and open grassland, the steep slopes and the difficulty of access combine to make this zone a high fire risk area. It is important that developments incorporate fire protection measures in order to minimise the fire risk. While vegetation management is an important part of minimising the fire risk, the destruction of existing native vegetation and the
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failure to provide landscaping in such a way as to screen buildings and improve the amenity of the zone are not considered acceptable fire protection measures.
The Hills Face Zone is not a residential zone and so the services provided in an urban area will not be provided in this zone. Accordingly, development should not be undertaken if it is likely, in itself or in association with other development, to create a potential demand for such services.
Activities and projects by State and local agencies which are considered necessary in this zone should be located, sited, constructed and maintained in such a way as to promote the objectives for the zone and complement the principles of development control relating to this zone. Tourist facilities are appropriate provided they are of a low-scale and are located unobtrusively.
PRINCIPLES OF DEVELOPMENT CONTROL
1 Development should not be undertaken unless:
(a) it is associated with a low-intensity agricultural activity, a public open space area or a private use of an open character, or is a detached single-storey dwelling, including outbuildings and structures normally associated with such dwellings, on a single allotment; and (b) together with associated native landscaping, it preserves and enhances the natural character of the zone or assists in the re-establishment of a natural character.
3 Development should not be undertaken if the operation and management of such development is likely to result in:
(a) pollution of underground or surface water resources; (b) over exploitation of underground or surface water resources; (c) adverse impact on underground or surface water resources, including any environmental flows required to meet the needs of the natural environment; (d) unnecessary loss or damage to native vegetation including the full range of tree, understorey and groundcover species/native grasses so as to maintain and enhance environmental values and functions, including conservation, biodiversity and habitat; (e) denudation of pastures; (f) erosion; (g) dust; (h) noise nuisance; (i) the introduction of or an increase in the number of pest plants or vermin; (j) adverse impacts from chemical spray drift, chemical run-off or chemical residue in soils; (k) the erection of structures or construction of access tracks and parking areas in a manner which detracts from the landscape character and visual amenity of the zone; (l) increased hazard to the locality from bushfires; or (m) loss of amenity to adjoining land or surrounding localities from: (i) the visual impact of buildings, structures or earthworks; or (ii) the intensity of activity associated with any such use, including significant adverse impacts arising from chemical spray drift, use of audible bird or animal deterrent devices, and the use of associated vehicles and machinery.
12 Development should not in itself, or in association with other development, create a potential demand for the provision of services at a cost to the community.
24 Development should only be undertaken if it can be located and designed in such a way as to maximise the retention of existing native vegetation and, where possible, increase the extent of native vegetation.
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Non-complying Development
28 The following kinds of development are non-complying in the Hills Face Zone:
Land Division
Rural Zone
Objective 1: The maintenance and enhancement of the natural resources of the zone.
Objective 2: The enhancement of the rural character, key scenic routes, scenic surrounds to townships, amenity and prominent landscapes for the enjoyment of residents and visitors.
Objective 3: The development of a sustainable tourism industry with accommodation, attractions and facilities which relate to and interpret the natural and cultural resources of the region, and increase the opportunities for visitors to stay overnight.
Objective 4: Where natural resources are not jeopardised, a zone comprising land retained in use primarily for agricultural purposes.
Objective 6: Rural production and other development that will contribute to the reestablishment of a natural ecological balance by the application of environmentally sustainable development practices.
Objective 7: Protection of productive agricultural land from conversion to non-productive or incompatible uses.
Commentary
The Rural Zone is found generally in the eastern half of Council’s land area. It includes the area known as the Mount Lofty Ranges Region, which for the purpose of this Development Plan, is defined by and includes both the Watershed Policy Area and the Primary Production Policy Area, both of which are contained within the Rural Zone.
Demand for the division of rural land in the area is likely, if unimpeded, to accelerate because of relatively convenient travel times for residents working in the city and suburbs of Adelaide. The rural community have expressed concern about the further conversion of existing productive land for purposes which may not compliment efficient rural production.
The Rural Zone is characterised by a combination of landscape, soils and climate which imparts, throughout the region, a highly distinctive and rural “sense of place”, This is of value to visitors attracted by the hills, wineries and associated vineyards, orchards, scenery and nearby beaches.
Much of the area is suitable for a range of agricultural production, notably vines, grazing, cropping, almonds, strawberries and other similar foods including niche market products. Accommodation of associated “value added” industries in appropriate locations is envisaged, along with appropriately scaled tourism infrastructure.
Wineries and small scale, low impact agricultural and home based industries are encouraged where they expand the economic base of the Zone. Industries should be based upon the processing of agricultural produce primarily from the region. Home based industries should be based on rural, arts, crafts, tourist, cultural or heritage activities appropriate to the region. Development should complement the zone’s character and enhance tourist or heritage activities and be compatible with local areas. Larger scale industries and related activities are more suited to designated industrial or commercial zones within townships or other urban areas.
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It is a zone which requires its primary production to be undertaken using environmentally sustainable practices, while maintaining the existing rural character in the long term. There should also be protection of native vegetation, water resources and of riverine corridors through both private and public stewardship to enhance biodiversity.
Willunga Basin
The Rural Zone comprises a significant portion of land known as the “Willunga Basin”, which represents a grouping of catchments. The Willunga Basin is generally comprised of land within Willunga, Aldinga, McLaren Vale, McLaren Flat, and Blewitt Springs, as defined and delineated within the Willunga Basin Planning Strategy (December 1995). This Strategy provides a broad framework for future planning and management of the Willunga Basin. The State Planning Strategy 2002 also recognises the importance of the Willunga Basin from an environmental and economic perspective.
Strategic planning for the Willunga Basin seeks the continued protection of this area, and recognises the landscape as one encompassing a range of rural production activities on land which is to be regarded as a precious and finite resource. It recognises the protection of the Willunga Basin as vital for the continuation of the rural and tourism economy in the region and that it has environmental assets such as the Aldinga Scrub, the Washpool and the Aldinga Reef Aquatic Reserve worthy of conservation.
PRINCIPLES OF DEVELOPMENT CONTROL
1 Development within the zone should be compatible with its use as a water catchment and storage area, and with its values as an area of agricultural production and scenic quality.
2 Development should primarily be limited to that which is essential for the maintenance of sustainable grazing, commercial forestry and mixed agricultural activities.
4 Development should ensure that genuine agricultural activities are not prejudiced.
5 Development should ensure the sustainable use of land for primary production by the use of sound land management practices.
6 Development which would remove productive land from agriculture or diminish its overall productivity for primary production, should not be undertaken unless the land is required for essential public purposes.
68 Residential development should be located or incorporate measures such that the effects of chemical spray drift and dust are minimised.
69 Development should reduce conflict between residential zones, townships and rural uses by:
(a) where aerial spraying is required, providing a separation distance of 300 metres to a residential or urban zone; or (b) the provision of a vegetated buffer of a minimum width of 40 metres: (i) which contains random plantings of fast growing and hardy native or indigenous varieties of tree and shrub species of differing growth habits, at spacings of four to five metres; (ii) with species selected with foliage from the base to the crown with long, thin and rough foliage to facilitate the more efficient capture of spray droplets; (iii) which provides a semi-permeable barrier with a porosity of 0.5, to allow air to pass through the buffer; (iv) which attains a mature height of 1.5 times the spray height; (v) which is provided with a suitable watering system and access tracks either side for fire protection and access; (c) not storing refuse or organic waste within 150 metres of residential or urban zones.
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70 The provision of a landscaped buffer adjacent a residential or urban zone in accordance with principle of development control 69 should be designed taking into account the nature, source and frequency of potential adverse impacts; prevailing winds in the locality; topography of the area; existing vegetation and the presence of potentially sensitive adjacent uses.
Non-complying Development
92 The following kinds of development are non-complying in the Rural Zone, except for in the Watershed Policy Area, the Primary Production Policy Area and the Yaroona Policy Area (which are separately listed):
Land Division, except in the suburb of Hackham, and that portion of Old Noarlunga north of the Onkaparinga River, which:
(a) creates an allotment of less than 16 hectares in area, or, (b) would result in a greater number of allotments less than 16 hectares in area that would exist but for the division
Land Division which creates an allotment less than 16 hectares in area or results in a greater number of allotments less than 16 hectares than currently exists, except as follows:
(a) the land division occurs in the suburb of Hackham or that portion of Old Noarlunga north of the Onkaparinga River; or (b) the land division occurs at Seaview Road McLaren Vale and follows the granting of a Provisional Development Plan Consent for a tourist development offering accommodation for more than 55 guests, is undertaken as a plan of community division within the meaning of the Community Titles Act 1996, and is accompanied by a scheme description that commits the development to ongoing tourist accommodation use to the exclusion of all other forms of residential use except for a manager’s residence.
Council-Wide
Hazards
Objective 1: Maintenance of the natural environment and systems by limiting development in areas susceptible to natural hazard risk.
Objective 2: Development located away from areas that are vulnerable to, and cannot be adequately and effectively protected from the risk of natural hazards.
1 Development should:
(a) be excluded from areas that are vulnerable to, and cannot be adequately and effectively protected from, the risk of natural hazards (b) be sited, designed and undertaken with appropriate precautions being taken against fire, flood, coastal flooding, storm surge, landslip, earthquake, toxic emissions or other hazards such as vermin (c) not occur on land where the risk of flooding is likely to be harmful to safety or damage property.
Bushfire
6 The following bushfire protection principles of development control apply to development of land identified as General, Medium and High bushfire risk areas as shown on the Bushfire Protection Area Figures OnkaBPA/1 to 22 - Bushfire Risk.
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12 June 2014
11 Land division for residential or tourist accommodation purposes within areas of high bushfire risk should be limited to those areas specifically set aside for these uses.
12 Where land division does occur it should be designed to:
(a) minimise the danger to residents, other occupants of buildings and fire fighting personnel; (b) minimise the extent of damage to buildings and other property during a bushfire; (c) ensure each allotment contains a suitable building site that is located away from vegetation that would pose an unacceptable risk in the event of bushfire; (d) ensure provision of a fire hazard separation zone isolating residential allotments from areas that pose an unacceptable bushfire risk by containing the allotments within a perimeter road or through other means that achieve an adequate separation.
Interface Between Land Uses
Objective 1: Development located and designed to prevent adverse impact and conflict between land uses.
Objective 2: Protect community health and amenity and support the operation of all desired land uses.
PRINCIPLES OF DEVELOPMENT CONTROL
1 Development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following:
(a) the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants; (b) noise; (c) vibration; (d) electrical interference; (e) light spill; (f) glare; (g) hours of operation; (h) traffic impacts.
2 Development should be designed and sited to minimise negative impact on existing and potential future land uses considered appropriate in the locality.
5 Sensitive uses likely to conflict with the continuation of lawfully existing developments and land uses considered appropriate for the zone should not be developed or should be designed to minimise negative impacts.
Rural Interface
7 The potential for adverse impacts resulting from rural development should be minimised by:
(a) not locating horticulture or intensive animal keeping on land adjacent to townships; (b) maintaining an adequate separation between horticulture or intensive animal keeping and townships, other sensitive uses and, where desirable, other forms of primary production.
9 Existing primary production uses and mineral extraction should not be prejudiced by the inappropriate encroachment of sensitive uses such as urban development.
Land Division
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12 June 2014
Objective 1: Land division that occurs in an orderly sequence allowing efficient provision of new infrastructure and facilities and making optimum use of existing under utilised infrastructure and facilities.
Objective 2: Land division that creates allotments appropriate for the intended use.
Objective 3: Land division that is integrated with site features, including landscape and environmental features, adjacent land uses, the existing transport network and the availability of infrastructure.
Objective 4: Land division restricted in rural areas to ensure the efficient use of rural land for primary production and avoidance of uneconomic infrastructure provision.
PRINCIPLES OF DEVELOPMENT CONTROL
1 When land is divided:
(a) stormwater should be capable of being drained safely and efficiently from each proposed allotment and disposed of from the land in an environmentally sensitive manner; (b) a sufficient water supply should be made available for each allotment; (c) provision should be made for the disposal of wastewater, sewage and other effluent from each allotment without risk to health; (d) proposed roads should be graded, or be capable of being graded to connect safely and conveniently with an existing road or thoroughfare.
2 Land should not be divided if any of the following apply:
(a) the size, shape, location, slope or nature of the land makes any of the allotments unsuitable for the intended use; (b) any allotment will not have a frontage to an existing or proposed public road; (c) the intended use of the land would require excessive cut and fill; (d) the intended use, or the establishment of that use, is likely to lead to undue erosion of the subject land or land within the locality; (e) the area is unsewered and cannot accommodate an appropriate waste disposal system within the allotment to suit the intended development; (f) the intended use of the land would be contrary to the zone objectives; (g) any single allotments are created that sit within more than one zone.
3 Land divisions should be designed to ensure that areas of native vegetation and wetlands do not need to be cleared as a consequence of subsequent development or fragmented or reduced in size.
4 Land division should ensure that access to publicly owned land and areas of public open space is not restricted.
5 The design of a land division should incorporate:
(b) safe and convenient access from each allotment to an existing or proposed public road or thoroughfare; (c) areas to provide appropriate separation distances between potentially conflicting land uses and/or zones; (g) protection for existing vegetation and drainage lines;
Land Division in Rural Areas
19 Rural land should not be divided if the resulting allotments would be of a size ands configuration likely to impede the efficient use of rural land for any of the following:
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(a) primary production; (b) value adding industries related to primary production; (c) protection of natural resources.
20 Rural land should not be divided where new allotments would result in any of the following:
(a) fragmentation of productive primary production land; (b) strip development along roads or water mains; (c) uneconomic costs to the community for the provision of services; (d) prejudice against the proper and orderly development of townships; (e) removal of native vegetation for allotment boundaries, access roads, infrastructure, dwellings and other buildings or firebreaks.
Natural Resources
Objective 1: Retention, protection and restoration of the natural resources and environment.
Objective 5: Development sited and designed to:
(e) minimise the loss and disturbance of native vegetation.
Objective 12: Protection of the scenic qualities of natural and rural landscapes.
PRINCIPLES OF DEVELOPMENT CONTROL
1 Development should be undertaken with minimum impact on the natural environment, including air and water quality, land, soil, biodiversity, and scenically attractive areas.
2 Development should ensure that South Australia’s natural assets, such as biodiversity, water and soil, are protected and enhanced.
30 Development should retain existing areas of native vegetation and where possible contribute to revegetation using locally indigenous plant species.
31 Development should be designed and sited to minimise the loss and disturbance of native flora and fauna, including marine animals and plants, and their breeding grounds and habitats.
37 Development should be located and occur in a manner which:
(a) does not increase the potential for, or result in, the spread of pest plants, or the spread of any non-indigenous plants into areas of native vegetation or a conservation zone; (b) avoids the degradation of remnant native vegetation by any other means including as a result of spray drift, compaction of soil, modification of surface water flows, pollution to groundwater or surface water or change to groundwater levels; (c) incorporates a separation distance and/or buffer area to protect wildlife habitats and other features of nature conservation significance.
Orderly and Sustainable Development
Objective 1: Orderly and economical development that creates a safe, convenient and pleasant environment in which to live.
Objective 2: Development occurring in an orderly sequence and in a compact form to enable the efficient provision of public services and facilities.
Objective 3: Development that does not jeopardise the continuance of adjoining authorised land uses.
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Objective 4: Development that does not prejudice the achievement of the provisions of the Development Plan.
Objective 7: Urban development contained within existing townships and settlements and located only in zones designated for such development.
PRINCIPLES OF DEVELOPMENT CONTROL
1 Development should not prejudice the development of a zone for its intended purpose.
2 Land outside of townships and settlements should primarily be used for primary production and conservation purposes.
5 Development should be located and staged to achieve the economical provision of public services and infrastructure, and to maximise the use of existing services and infrastructure.
Transportation and Access
Objective 2: Development that:
(b) ensures access for vehicles including emergency services, public infrastructure maintenance and (d) is appropriately located so that it supports and makes best use of existing transport facilities and networks.
PRINCIPLES OF DEVELOPMENT CONTROL
21 Development should have direct access from an all weather public road.
22 Development should be provided with safe and convenient access which:
(a) avoids unreasonable interference with the flow of traffic on adjoining roads; (b) accommodates the type and volume of traffic likely to be generated by the development or land use and minimises induced traffic through over-provision; (c) is sited and designed to minimise any adverse impacts on the occupants of and visitors to neighbouring properties.
Character Preservation District
INTERPRETATION
Where the Objectives and or Principles of Development Control that apply in relation to the Character Preservation District shown on Figures Onka(CPD)/1 to 11 are in conflict with the relevant Council Wide Objectives and/or Principles of Development Control in the Development Plan, the District provisions will prevail.
Objective 1: A district where:
(a) scenic and rural landscapes are highly valued, retained and protected; (b) development near entrances to towns and settlements does not diminish the rural setting, character and heritage values associated with those towns and settlements; (c) the long term use of land for primary production and associated value adding enterprises is assured and promoted; (d) activities positively contribute to tourism; (e) the heritage attributes of the district are preserved; (f) buildings and structures complement the landscape.
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Objective 2: Residential development is located inside townships, settlements and rural living areas.
Objective 3: No expansion of rural living and settlement zones outside township areas.
PRINCIPLES OF DEVELOPMENT CONTROL
Form of Development
1 Development in the district should:
(a) when located near townships, contribute towards and maintain the identity of those townships (b) retain the predominant rural landscape character and function (c) foster primary production and associated value adding enterprises and tourism activities.
APPENDIX TWO: OBJECTIVES AND CHARACTER VALUES OF THE MCLAREN VALE PROTECTION DISTRICT UNDER THE CHARACTER PRESERVATION (MCLAREN VALE) ACT 2012
6—Objects (1) The objects of this Act are— (a) to recognise, protect and enhance the special character of the district while at the same time providing for the economic, social and physical well being of the community; and (b) to ensure that activities that are unacceptable in view of their adverse effects on the special character of the district are prevented from proceeding; and (c) to ensure that future development does not detract from the special character of the district; and (d) otherwise to ensure the preservation of the special character of the district. (2) A person or body involved in the administration of an Act must, in exercising powers and functions in relation to the district, have regard to and seek to further the objects of this Act.
7—Character values of district (1) The following character values of the district are recognised: (a) the rural and natural landscape and visual amenity of the district; (b) the heritage attributes of the district; (c) the built form of the townships as they relate to the district; (d) the viticultural, agricultural and associated industries of the district; (e) the scenic and tourism attributes of the district. (2) The character values of the district are relevant to— (a) assessing the special character of the district; and (b) the policies to be developed and applied under the Planning Strategy and any Development Plan under the Development Act 1993 that relates to the district.
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Consolidated - 24 January 2013 D
Holdfast R
D H EA
UT S H R O TE T Crafers S R O N
Bay N M U F
U
O O W I Mitcham Y
S N Council R T A B
M Stirling
ARKE D Council R Bridgewater Land Not Within a R STURT RD R
N D
O S U T H E P Aldgate Council Area H D P P E G R R I H STUR E L L T R SEACOMBE RD RDS HI R D (Coastal Waters) B Adelaide Hills O
C D E
A R Council D N I R A Mylor B N N V M B Y LA B R C L MAJORS K A
H R H
D T
A Marion A P FIGURE
P R
Y
T
V S
Council A
L Onka(CPD)/2 L FIGUREE
Y Onka(CPD)/3D
KENIHANS R CHA ND R L RD ERS HIL L L
A
G
D R
S A
N
N
Land Not Within O
T L
S D
a Council Area SHERRIFFS RD R GU L
A L Y
G Clarendon
R N
(Metro) R RD I
N
T
H
O A T
S L U
Y A
D O N
S FIGURE
A
P N
I K A AN M Onka(CPD)/7GA Mount R I LL A Barker Council BEACH R R D
FIGURE Kangarilla Onka(CPD)/4 FIGURE D R
A A
Onka(CPD)/8 G RD
DAS N
T H A U L W T F O T O DG A N U B E L
R D A LY R L RD
L L C
A M I
C Meadows
R
E
M
M
O C McLaren Flat
RD A ILL AR NG FIGURE KA FIGURE TATACHILLA RD Onka(CPD)/9 McLaren Vale
V
Onka(CPD)/5 I FIGURE
C R
T
O K
D E
R
Onka(CPD)/10R E
H
R N N
A I C
R A L
B
L M
O
U B R D
R R D N
A A
M D
K E
O L
O A
I R D B
E
-
G
O GA RD Willunga O SCAY RD ALDIN L BI W R A S FIGURE R W O D A E Onka(CPD)/11 M FIGURE Alexandrina Ashbourne
Onka(CPD)/6 Council
V
I C
D T
O R R
Y H C
A A T R S B O R R
D
D A R FL S GE PA D R Mount Compass E G R O E Yankallila G E E Council E
Myponga Beach ± 015km
ONKAPARINGA (CC) INDEX TO Area Excluded from District CHARACTER PRESERVATION DISTRICT Character Preservation District Development Plan Boundary FIGURE Onka(CPD)/1
Consolidated - 24 January 2013 FIGURE Onka(BPA)/1 ADJOINS
MORITZ RD
WHITINGS RD
DOUGLAS RD
BLEWITT SPRINGS RD
DOUGLAS GULLY RD
WHITING RD FIGURE Onka(BPA)/1 ADJOINS
SAND RD
BLEWITT SPRINGS RD
TROTTS RD
FIGURE Onka(BPA)/13 ADJOINS ADJOINS FIGURE Onka(BPA)/13
BAGSHAWS RD
INGOLDBY RD
WHITINGS RD
KANGARILLA RD KANGARILLA RD KANGARILLA RD
McLAREN FLAT
HAMILTON RD
TRUSCOTT RD
FIGURE Onka(BPA)/15 ADJOINS
Scale 1:20000 0 1km
High Bushfire Risk ONKAPARINGA (CC) Medium Bushfire Risk BUSHFIRE PROTECTION AREA General Bushfire Risk FIGURE Onka(BPA)/14
Development Plan Boundary Consolidated - 24 January 2013 Application Detail Page 1 of 4
Search | Staff | Download Files | Log Out | Application Detail Hide All General Hide Unique Id : 43024 Development No : 145/D016/13 Application Type : Conventional Land Division Application Extent : Provisional Development Plan Consent with Land Division Consent Land Use/Building Consent : No Council Name : City of Onkaparinga Agents Reference : 549501W Short Reference : WhitBlewitt Submitting Agents Name : Weber, Frankiw & Associates Submitted By : Scott Vasey, Weber, Frankiw & Associates Application Status : Lodged & Distributed (No Decision)
Application Type Details : Conventional Land Division Hide Total Area of Land to be Divided : 22.5 hectares Reserve Area : 0 hectares Number of existing allotments : 3 Number of proposed allotments 3 (excluding road and reserve) : Number of additional allotments : 0
Applicant Details Hide Salutation Name Organisation Name Address D'arenberg wines c/o agent South Australia AUSTRALIA
Owner Details Hide Salutation Name Organisation Name Address OSBORN FAMILY PROPERTIES PTY. LTD. c/o agent South Australia AUSTRALIA
Contact Details Hide Salutation Name Address Telephone Fax Email Mr John Weber The Centre Telephone 1 : Fax 1 : [email protected] 178 Main Road 8323 8991 8323 9686 McLaren Vale 5171 South Australia Telephone 2 : Fax 2 : AUSTRALIA
Mobile :
Subject/Property Details Hide House No. : Lot No. : Street : Whitings road Suburb/Town Blewitt Springs Hundred: Willunga Reference Section: Title Reference and Plan Parcel Title Code Title Description Volume Folio Plan Code Plan Description Plan No. Parcel No. CT Certificate of Title 5415 635 F Filed Plan 153388 A2
CT Certificate of Title 5415 650 F Filed Plan 153375 A89
Other Details Hide Existing Use : Rural Description of Proposed Development : Realignment Does either schedule 21 or 22 of the No
https://www.edala.sa.gov.au/edala/EDALA.aspx?PageMode=ApplicationDisplay&App ... 6/ 06/ 2014 Application Detail Page 2 of 4
Development Regulations 1993 apply? : Notes : Additional Information Requests : Additional Fees and Payments : Lodgement Date : 01 Feb 2013 Months for Development Approval 12 Request :
Categorisation Details Hide Decision Authority : Council Application Classification : Major Kind of Development : Non -Complying Notification Category : Not Applicable Zone : Hills Face & Rural Development Plan Map No : Onka/67 Allocated Planner : Jeremy Wood Categorisation Comments : Statement of Support & Land Management Agreement uploaded 13/3/13 Amended plan 22/4/13 - Changed dimensions of proposed allotment and building envelope details Amended plan 27/8/13 - existing allot 100 added now 3 into 3 Categorised By : Sara Zuidland Categorisation Date : 14 Mar 2014
Distribution Details Hide Referral Agency Referred to Agent First Accessed Referral State Due Date Response SA Water Corporation 08 Feb 2013 08 Feb 2013 Returned on 16 Feb Show 2013
Development Assessment Commission 08 Feb 2013 08 Feb 2013 Returned on 27 Feb Show 2013
Development Assessment Commission26 Apr 2013 30 Apr 2013 Returned on 30 Apr Show 2013
Development Assessment Commission29 Aug 2013 29 Aug 2013 Returned on 30 Aug Show 2013
Development Assessment Commission27 May 2014 27 May 2014 Current 26 Aug Show 2014
Decision Authority Distributed for Decision First Accessed Decision State Decision Response Issued City of Onkaparinga 08 Feb 2013 14 Feb 2013 Over-ridden Show
City of Onkaparinga 14 Mar 2013 28 Mar 2013 Over -ridden Show
City of Onkaparinga 14 Mar 2013 28 Mar 2013 Over-ridden Show
City of Onkaparinga 26 Apr 2013 01 May 2013 Over-ridden Show
City of Onkaparinga 26 Apr 2013 01 May 2013 Over -ridden Show
City of Onkaparinga 29 Aug 2013 30 Aug 2013 Current Show
Decision Details Hide There has not yet been a decision submitted for this application
Overturned Decision Details Hide There are no overturned decision details currently available for this application
Clock Stops (Development Assessment Commission only) Hide No clock stops have been set
Lodgement Fees Hide Fee Invoice No. Fee Invoice Date Invoice Description Fee Status 39471 01 Feb 2013 New Application Invoice Fees Paid
Fee Line Type Description Total Fee ($)
https://www.edala.sa.gov.au/edala/EDALA.aspx?PageMode=ApplicationDisplay&App ... 6/ 06/ 2014 Application Detail Page 3 of 4
Lodgement Fee (boundary adjustment) 100.00 Land Division Fee (boundary adjustment) 64.50 Statement of Requirements Fee (boundary adjustment) 262.00 Certificate of Approval Fee (boundary adjustment) 92.50 DAC Consultation Report Fee (boundary adjustment) 62.00
Invoice Total Fee($) : 581.00
Certificate of Approval (CoA) Details Hide CoA Id Stage Status Certificate Plan Issue Date Issuing Officer Date Deposited Deposited Plan Detail Number No. (DP) 38049 001 Awaiting Show DA Decision
Certificate of Approval (CoA) Clearance Requirements Details Hide CoA Clearance Requirement Description CoA Stage Agency Distribution Status Detail Id No. Name Date A final plan complying with the requirements for plans as set out in 38049 001 Development 27 Feb 2013 Not yet Met Show the Manual of Survey Practice Volume 1 (Plan Presentation and Assessment Guidelines) issued by the Registrar General to be lodged with the Commission Development Assessment Commission for Land Division Certificate purposes.
SA Water has no requirements pursuant to the Development Act. 38049 001 SA Water No Corporation Requirements no direct water or sewer available - no requirements
Additional DA Fees Hide Additional DA Fees - Paid Fee Desc Fee Issue Date Payment Date Total Fee ($) Incl. Detail GST Land Division Non -Complying Admin Fee 08 Feb 2013 13 Dec 2013 113.00 Show Non -complying Land Division Development 08 Feb 2013 13 Dec 2013 47.50 Show Assessment Fee Additional DA Fees - Outstanding Fee Desc Fee Issue Date Total Fee ($) Incl. GST No Outstanding Fees to be paid
Additional CoA Fees Hide There are currently no Certificate of Approval (CoA) fees generated for this application
Application Documents Hide Document Title Document Type Version # State File Size (Kb) Date Uploaded Notes Bizgate Lodgement Receipt New Miscellaneous 1 Uploaded 28.8100000 01 Feb 2013 Show
549501div New Proposed Plan of Division 1 Uploaded 133.1300000 04 Feb 2013 Show
549501div New Proposed Plan of Division 2 Uploaded 102.4500000 22 Apr 2013 Show
549501div New Proposed Plan of Division 3 Uploaded 107.3800000 27 Aug 2013 Show
LOTS Admin Interests New Miscellaneous 1 Uploaded 78.0000000 04 Feb 2013 Show
Location Plan Enlargement New Miscellaneous 1 Uploaded 11.9500000 04 Feb 2013 Show
Location Plan New Miscellaneous 1 Uploaded 15.7900000 04 Feb 2013 Show
Reg 17 Letter New Miscellaneous 1 Uploaded 197.5000000 14 Feb 2013 Show
Plan Diagram New Miscellaneous 1 Uploaded 25.0600000 22 Feb 2013 Show
Land Management Agreement New Miscellaneous 1 Uploaded 35.7900000 13 Mar 2013 Show
Statement of Support New Miscellaneous 1 Uploaded 527.4800000 13 Mar 2013 Show
CT 5415-635 New Certificate of Title/Lease 1 Uploaded 98.4200000 02 May 2013 Show
CT 5415-650 New Certificate of Title/Lease 1 Uploaded 65.8800000 03 May 2013 Show
https://www.edala.sa.gov.au/edala/EDALA.aspx?PageMode=ApplicationDisplay&App ... 6/ 06/ 2014 Application Detail Page 4 of 4
Plan Diagram New Miscellaneous 1 Uploaded 7.7100000 11 Jul 2013 Show
CT 5650_984 New Certificate of Title/Lease 1 Uploaded 65.5200000 27 Aug 2013 Show
Plan Diagram New Miscellaneous 1 Uploaded 7.7000000 22 Oct 2013 Show
Bizgate DA Receipt New Miscellaneous 1 Uploaded 25.3500000 13 Dec 2013 Show
Concurrence request New Miscellaneous 1 Uploaded 288.8400000 11 Mar 2014 Show
Department of Planning, Transport and Infrastructure Only Documents Hide There are no documents currently associated with this application
Final Plan Documents for Certificate of Approval (CoA) Hide There are no Final Plans for Certificate of Approval (CoA) currently associated with this application
Certified Certificate of Approval (CoA) Plan Documents Hide There are no Certified Certificate of Approval (CoA) Plans currently associated with this application Mode:ApplicationDisplay/Revision:14
Disclaimer Terms and Department of Planning, Transport and Infrastucture - Roma Mitchell House, 136 North Terrace, ADELAIDE South Australia 5000 - P +61 8 8303 0601 Copyright Conditions
https://www.edala.sa.gov.au/edala/EDALA.aspx?PageMode=ApplicationDisplay&App ... 6/ 06/ 2014
REGISTER SEARCH OF CERTIFICATE OF TITLE * VOLUME 5415 FOLIO 650 *
COST : $25.00 (GST exempt ) PARENT TITLE : CT 2020/19 REGION : EMAIL AUTHORITY : CONVERTED TITLE AGENT : EDAL BOX NO : 214 DATE OF ISSUE : 28/04/1997 SEARCHED ON : 03/05/2013 AT : 09:47:57 EDITION : 5
REGISTERED PROPRIETOR IN FEE SIMPLE ------OSBORN FAMILY PROPERTIES PTY. LTD. OF PO BOX 195 MCLAREN VALE SA 5171
DESCRIPTION OF LAND ------ALLOTMENT 89 FILED PLAN 153375 IN THE AREA NAMED BLEWITT SPRINGS HUNDRED OF WILLUNGA
EASEMENTS ------NIL
SCHEDULE OF ENDORSEMENTS ------NIL
NOTATIONS ------DOCUMENTS AFFECTING THIS TITLE ------NIL
REGISTRAR-GENERAL'S NOTES ------NIL
END OF TEXT.
Page 1 of 2 5415 650 03/05/2013 09:47:57
Page 2 of 2 REGISTER SEARCH OF CERTIFICATE OF TITLE * VOLUME 5415 FOLIO 635 *
COST : $16.80 (GST exempt ) PARENT TITLE : CT 3762/65 REGION : EMAIL AUTHORITY : CONVERTED TITLE AGENT : WEBLP BOX NO : 000 DATE OF ISSUE : 28/04/1997 SEARCHED ON : 21/02/2008 AT : 10:47:25 EDITION : 5 CLIENT REF 5495
REGISTERED PROPRIETOR IN FEE SIMPLE ------OSBORN FAMILY PROPERTIES PTY. LTD. OF PO BOX 195 MCLAREN VALE SA 5171
DESCRIPTION OF LAND ------ALLOTMENT 2 FILED PLAN 153388 IN THE AREA NAMED BLEWITT SPRINGS HUNDRED OF WILLUNGA
EASEMENTS ------NIL
SCHEDULE OF ENDORSEMENTS ------NIL
NOTATIONS ------DOCUMENTS AFFECTING THIS TITLE ------NIL
REGISTRAR-GENERAL'S NOTES ------NIL
END OF TEXT.
Page 1 of 2 5415 635 21/02/2008 10:47:25
Page 2 of 2 REGISTER SEARCH OF CERTIFICATE OF TITLE * VOLUME 5650 FOLIO 984 *
COST : $25.75 (GST exempt ) PARENT TITLE : CT 1895/149 REGION : EMAIL AUTHORITY : CONVERTED TITLE AGENT : WEBLP BOX NO : 000 DATE OF ISSUE : 07/05/1999 SEARCHED ON : 27/08/2013 AT : 12:40:12 EDITION : 2 CLIENT REF 549501
REGISTERED PROPRIETOR IN FEE SIMPLE ------JOHN STOKES BAGSHAW OF 6/15 BUXTON STREET ASCOT QLD 4007
DESCRIPTION OF LAND ------ALLOTMENT 100 FILED PLAN 153386 IN THE AREA NAMED BLEWITT SPRINGS HUNDRED OF WILLUNGA
EASEMENTS ------NIL
SCHEDULE OF ENDORSEMENTS ------NIL
NOTATIONS ------DOCUMENTS AFFECTING THIS TITLE ------NIL
REGISTRAR-GENERAL'S NOTES ------APPROVED FILED PLAN NO UNIQUE IDENTIFIER FX38428
END OF TEXT.
Page 1 of 2 5650 984 27/08/2013 12:40:12
Page 2 of 2
This DEED is made the day of 2014
BETWEEN: CITY OF ONKAPARINGA of Ramsay Place, Noarlunga Centre, SA 5168 (hereinafter with its successors and assigns referred to as “the Council”) of the first part
AND: OSBORN FAMILY PROPERTIES OF PO Box 195, McLAREN VALE SA 5171 (hereinafter with its successors, administrators and assigns as the case may be referred to as “the Owner”) of the second part.
RECITALS:
A. The Owner is the registered proprietor of an estate in fee simple in the whole of the land comprised in Certificates of Title Volume 5415 Folio 635 & Volume 5415 Folio 650 being Allotment 2 in Filed Plan 153388 and Allotment 89 in Filed Plan 153375 respectively (collectively “the Land”).
B. There is no built form in the form of dwellings on the subject land, which is currently put primarily to vineyard pursuits around a watercourse running through the property, a dam for irrigation purposes and stands of native vegetation.
C. By Development Application Number LD 145/D016/13 (“the Application”) the owner sought from the Council Development Plan Consent and Land Division Consent pursuant to the provisions of the Development Act 1993 to develop the Land by undertaking a division of the land by way of a boundary realignment so as to create proposed Allotments 20 and 21 in accordance with the plan in Annexure A to this deed (“the Plan of Division”).
D. The Council and the Owner acknowledge that proposed Allotment 20 is of a form likely to be developed for rural living purposes (subject to obtaining all relevant consents under the Development Act) (“the Dwelling Land”) and proposed Allotment 21 will continue to operate as a vineyard with all of the watercourse and dam on the property (“the Vineyard Land”).
E. The Council and the Owner acknowledge that the activities conducted on the Vineyard Land have the potential to affect the amenity of a residential use of the Dwelling Land.
F. The Owner has proposed this Deed as part of the Application in response to concerns of the Council so as to ensure that in the event that the Land is divided in accordance, or substantially in accordance, with the Plan of Division that the amenity of any future dwelling on the Dwelling Land (proposed Allotment 20) will be reasonably maintained whilst the Vineyard Land can also continue to operate without undue impact from the Dwelling Land.
G. The Council and the Owner further agree that obligations under this Deed are intended to be binding upon all occupiers and persons having enjoyment from time to time of proposed Allotments 20 & 21 and it shall be the (respective) Owner’s responsibility to ensure that all such persons comply with the terms of this Deed.
1
H. Pursuant to section 57 (2) of the Act the Owner has agreed with the Council to enter into this Deed relating to the future development conservation and management of the Land subject to the terms and conditions that follow.
OPERATIVE PART:
INTERPRETATION
1. The parties acknowledge that the matters recited above are true and accurate and agree that they shall form part of the terms of this Deed.
2. In the interpretation of this Deed unless the context shall otherwise require or admit:
2.1. Words and phrases used in this Deed which are defined in the Act, or in the Regulations made under the Act, shall have the meanings ascribed to them by the Act or the Regulations as the case may be;
2.2. References to any statute or subordinate legislation shall include all statutes and subordinate legislation amending, consolidating or replacing the statute or subordinate legislation referred to;
2.3. The term “the Owner” where it is a company includes its successors, assigns and transferees and where it is a person includes his or her heirs, executors, administrators and transferees and where it consists of more than one person or company the term includes each and every one or more of such persons or companies jointly and each of them severally and their respective successors, assigns, heirs, executors, administrators and transferees of the companies or persons for the time being registered or entitled to be registered as the proprietor of an estate in fee simple of the Land or any part thereof including any future owner of proposed Allotments 20 - 21 subject however to such encumbrances, liens and interests as are registered and notified by memoranda endorsed on the Certificate of Title thereof;
2.4. The term “person” shall include a corporate body;
2.5. Any term which is defined in the statement of the names and descriptions of the parties or in the Recitals shall have the meaning there defined;
2.6. Words importing the singular number or plural number shall be deemed to include the plural number and the singular number respectively;
2.7. Words importing any gender shall include both genders;
2.8. Where two or more persons are bound hereunder to observe or perform any obligation or agreement whether express or implied then they shall be bound jointly and each of them severally.
3. Clause headings are provided for reference purposes only and shall not be resorted to in the interpretation of this Deed.
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4. The requirements of this Deed are at all times to be construed as additional to the requirements of the Act and any other legislation affecting the Land including the need to obtain Development Approval for any dwelling that may be established on proposed allotment 20.
UNDERTAKINGS & ACKNOWLEDGEMENTS OF THE OWNER OF PROPOSED ALLOTMENT 20
5 5.1 The Owner of the Dwelling land shall ensure that any dwelling and associated waste control system to be established on proposed Allotment 20 shall be located only within the area marked “building envelope – that retains an area of approximately 2,583.25m²” as identified on the plan in Annexure B to this deed.
5.2 The owner of Allotment 20 acknowledges that there is an operating vineyard on land immediately to the north and east and the surrounding land is used for commercial grape growing purposes (the surrounding uses). The owner further acknowledges that the surrounding uses may from time to time give rise to (adverse) impacts on Allotment 20 such that the amenity of Allotment 20 may be affected by reason of noise, odours, activity on a 24 hour basis, transport movement and the like.
5.3 Establish a vegetated buffer to the reasonable satisfaction of Council and shall be of a form consistent with best practice at the time of the establishment of the buffer to reasonably protect any dwelling and its occupants established on proposed Allotment 20, from the uses undertaken on adjacent allotments including vineyards -
The buffer shall include not less than three (3) rows (or the equivalent therefore) of vegetation which is native to the area wherever possible and include species where canopies overlap at a height of no less than 4 metres and also provide understorey of plants so as to provide a level of foliage below the crown of the plantings which will reach at least 4 metres in height.
Such plantings may include species such as Casuarina cunninghamiana (River Oak) and understorey plants such as Melaleuca lanceolata, Leptospermum lanigerum, Myoporum insulare and Bursaria spinos.
Any such vegetated buffer shall be nurtured and conserved by the Owner and maintain the same in good health to the reasonable satisfaction of the Council and ensure that any dead or diseased plants are replaced with plants or trees of the same species or other such species as approved by Council.
The Owner shall install, maintain and operate an appropriate irrigation system, commencing its operation in the first summer after establishment of the plantings and continue its operation for at least the following three summers. The irrigation system shall be supplemented with mulch at the base of the plants within the buffer area.
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The buffer area shall be maintained in good health and condition as an effective buffer at all times and shall be regularly checked by the Owner with any repairs or reinstatement as may be required to maintain its effectiveness as a buffer being completed within one (1) calendar month of becoming aware that the buffer requires repair or reinstatement which work shall be at the Owner’s expense so as to ensure the establishment, survival and maintenance of the vegetated buffer area.
Further the Owner shall not cause, suffer or permit the clearance of any vegetation forming the vegetated buffer unless otherwise approved in writing by the Council under this Deed.
In the event that the Owner does cause, suffer or permit the clearance of any vegetation forming the vegetated buffer without the written approval of the Council under this Deed the Owner shall replace the vegetation removed with vegetation in accordance with any reasonable terms determined by the Council.
In the event of an emergency where the clearance of vegetation becomes necessary to prevent damage to property or a threat to life and it is not possible to obtain prior consent of the Council to undertake clearance to minimise the threat to life and property, then the Owner may undertake only such clearance as is reasonably necessary and in doing so shall minimise as much as practical any damage to the vegetation. The Council is to be notified as soon as possible after any such clearance is undertaken. Prior to obtaining any emergency clearance the Owner agrees to make reasonable endeavours to obtain at least the verbal approval of the Council to undertake the emergency clearance.
UNDERTAKINGS OF THE OWNER OF PROPOSED ALLOTMENT 101
6. Subject to the operational requirements of the Owner of proposed allotment 21 that Owner shall endeavour to minimize impacts on the Dwelling Land by advising of such times that any sprays are being undertaken with at least 12 hours notice.
RESCISSION
7. If:
7.1 any development authorisation for the Application is not granted, or if granted, lapses or expires by virtue of the provisions of the Act without being implemented by the Owner; or
7.2 the Registrar-General does not deposit the Plan of Division (or a plan of division substantially the same as the Plan of Division) in the Lands Titles Registration Office,
the Council agrees to rescind this Deed at the request of the Owner and the reasonable costs of and incidental to the preparation, stamping and registration of the Deed of Rescission will be borne by the Owner.
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COUNCIL’S POWERS OF ENTRY, ETC
8. The Council and any employee or agent of the Council authorised by the Council may at any reasonable time after giving notice to the Owner in accordance with the provisions of this Deed enter the Land for the purpose of:
8.1 inspecting the Land and any building or structure thereupon for any reason relating to the subject matter of this Deed; and
8.2 exercising any other powers of the Council under this Deed or pursuant to law.
9. If the Owner is in breach of any provision of this Deed the Council may, by notice in writing served on the Owner, specify the nature of the breach and require the Owner to remedy the breach within such time as may be reasonably nominated by the Council in the notice (being not less than twenty eight (28) days from the date of service of the notice) and if the Owner fails so to remedy the breach the Council or its servants or agents may carry out the requirements of the notice and in doing so may enter and perform any necessary works upon the Land and recover any costs thereby reasonably incurred from the Owner.
10. If in a notice referred to in clause 9 & 10 the Council requires the removal of a building or structure from the Land, the Council and its servants or agents are authorised and empowered by the Owner to enter and remove the building or structure from the Land and to dispose of it in any manner determined by the Council provided that if the building or structure has any monetary value then the Council must use its best endeavours to realise that monetary value and must after the disposal account to the Owner and pay to the Owner the realised value less all expenses incurred.
11. The Council may delegate any of its powers under this Deed to any person.
VARIATION AND WAIVER
12. This Deed may not be varied except by a supplementary deed signed by the Council and the Owner.
13. The Council may waive compliance by the Owner with the whole or any part of the obligations of the Owner herein contained provided that no such waiver shall be effective unless expressed in writing and signed by the Council.
NOTICES
14. A notice, demand, consent, approval or communication under this deed (“Notice”) must be:
14.1 in writing, in English and signed by a person authorised by the sender; and
14.2 hand delivered or sent by pre paid post or facsimile to the recipient’s address or facsimile number, or affixed in a prominent position on the Land.
15. A Notice is deemed to be received:
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15.1 if hand delivered or affixed in a prominent position on the Land, on delivery or the affixing;
15.2 if sent by prepaid mail, two Business Days after posting (or seven Business Days after posting if posting to or from a place outside Australia); or
15.3 if sent by facsimile, at the time and on the day shown in the sender’s transmission report, if it shows that the entire Notice was sent to the recipient’s facsimile number last Notified by the recipient to the sender.
However if the Notice is deemed to be received on a day that is not a Business Day or after 5:00pm, the Notice is deemed to be received at 9:00am on the next Business Day.
16. If two or more persons comprise a party, Notice to one is effective Notice to all.
NOTING OF THIS DEED
17. Each party shall do and execute all such acts, documents and things as shall be necessary to ensure that as soon as is possible after the execution of this Deed by all necessary parties, this Deed is noted by the Registrar-General against the respective Certificates of Title for the Land pursuant to the provisions of Section 57(5) of the Act.
COSTS
18. The Owner must pay to the Council on demand the Council’s reasonable costs and expenses (including legal costs and expenses) incurred in seeking advice in relation to the preparing, stamping and noting of this deed.
GOVERNING LAW
19. The law governing the interpretation and implementation of the provisions of this Deed shall be the law of South Australia.
RESTRICTION ON LEASING AND OTHER DEALINGS
20. The Owner must not grant any lease, licence, easement or other right which may give any person the right to possession or control of, or entry on to the Land which right would enable such person to breach any of the obligations imposed on the Owner by this deed unless such grant:
20.1 is expressed in writing;
20.2 is made with the previous written consent of the Council; and
20.3 contains as an essential term a covenant by the grantee not to do or omit to do (or suffer or permit any other person to do or omit to do) any act, matter or thing which would constitute a breach by the Owner of the Owner's obligations under this deed.
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OPERATION OF THIS DEED
21. In addition to the requirements of Section 57(6) of the Act, the provisions of this Deed shall not bind or impose any obligation on the Owner unless and until development approval for the proposed development has been obtained under the Act and is operative within the meaning of that term as defined in Regulation 48(4) of the Development Regulations 2008 and the Registrar- General accepts for deposit the Plan of Division.
EXERCISE OF POWER
22. 22.1 The failure, delay, relaxation or indulgence by a party in exercising a power or right under this deed is not a waiver of that power or right.
22.2 An exercise of a power or right under this deed does not preclude a further exercise of it or the exercise of another right or power.
APPROVALS AND CONSENTS
23. Unless otherwise provided, a party may in its discretion give (conditionally or unconditionally) or withhold any approval or consent under this deed.
SURVIVAL
24. Each indemnity, obligation of confidence and other term capable of taking effect after the expiration or termination of this deed, remains in force after the expiration or termination of this Deed.
GENERAL PROVISIONS
25. If any provision of this Deed shall be found by a court of competent jurisdiction to be invalid or unenforceable in law then in such case the parties hereby request and direct such court to sever such provision from this Deed.
26. This Deed constitutes the whole agreement between the parties in respect of the matters referred to herein.
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EXECUTED as a Deed
...... Signature of Chief Executive Officer Signature of Witness as delegate for City of Onkaparinga
...... Name of Chief Executive Officer (print) Name of Witness (print)
EXECUTED by OSBORN FAMILY ) PROPERTIES PTY LTD in ) accordance with sec 121 of the ) Corporations Law in the presence of: )
…………………………………………….
…………………………………………….
The Owner HEREBY CERTIFIES pursuant to Section 57(4) of the Development Act 1993 that no other person has a legal interest in the land.
……………………………………………………
…………………………………………………...
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DATED 2013
BY DEED
BETWEEN
CITY OF ONKAPARINGA
of the first part
AND
OSBORN FAMILY PROPERTIES PTY LTD
of the second part
______
LAND MANAGEMENT AGREEMENT
______
BEN GREEN & ASSOCIATES Urban & Regional Planners PO Box 392 BRIGHTON SA 5048 Mobile: 0410 147 541 Email: [email protected]
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SA Water Level 6, 250 Victoria Square 16 February 2013 ADELAIDE SA 5000 Ph (08) 7424 1119 Inquiries rita demusso Our Ref: H0003523 Telephone 7424 1119 The Chairman Development Assessment Commission 136 North Terrace ADELAIDE SA 5000 Dear Sir/Madam PROPOSED LAND DIVISION APPLICATION NO: 145/D016/13 AT BLEWITT SPRINGS In response to the abovementioned proposal, I advise that this Corporation has no requirements pursuant to Section 33 of the Development Act. no direct water or sewer available - no requirements Yours faithfully rita demusso for MANAGER LAND DEVELOPMENT & CONNECTIONS Contact Planning Services Tel: 8303 0601 Facsimile 8303 0604
14 February 2013
Mr Mark Dowd City Manager City of Onkaparinga PO Box 1 NOARLUNGA CENTRE SA 5168
Dear Sir
Re: Proposed Development Application No. 145/D016/13 (ID 43024) for Land Division by D’arenberg Wines
The above-mentioned land division application has been lodged with the Development Assessment Commission. The Council is the relevant authority. I can advise that the application is a kind of development that is classified as non-complying within Council’s Development Plan.
The Council is required by Regulation 17 of the Development Regulations 2008 to decide whether or not to proceed with an assessment of the application. As a non-complying development, the application may be refused without proceeding to an assessment or at any time during the assessment process (Refer: Section 39(4)(d) of the Development Act 1993).
A more detailed planning consultation report on the merits of the application will not be provided by the Commission. In due course, SA Water and DAC land division requirements will be conveyed to the Council. Technical and environmental reports from state agency and referral bodies can be viewed on EDALA.
Should the Council wish to grant consent to the development, the Council must first seek the concurrence of the Development Assessment Commission pursuant to Section 35(3) of the Development Act 1993 prior to the granting of this consent. Please refer to Regulation 25 of the Development Regulations 2008 for the documentation required for the Commission to consider a concurrence request.
The Commission does not generally support non-complying land division applications without adequate and detailed justification. However, all relevant documentation, including proposal plans, planning statements, agency reports, technical papers, public representations, Council’s assessment report (including recommended conditions) and policies within the Development Plan will be taken into account.
A three month period should be allowed for a concurrence request to be considered by the Commission.
Yours faithfully
Mark Adcock PRINCIPAL PLANNER DAC SECRETARIAT as delegate of the DEVELOPMENT ASSESSMENT COMMISSION