Riverland Regional Assessment Panel Meeting AGENDA 20

Riverland Regional Assessment Panel meeting

AGENDA

20 February 2020

at 1:30pm

BERRI BARMERA COUNCIL DISTRICT COUNCIL OF LOXTON WAIKERIE RENMARK PARINGA COUNCIL

Notice is hereby given that a meeting of the Riverland Regional Assessment Panel will be held in the Renmark Paringa Council Chamber, 61 Eighteenth Street, Renmark on Thursday 20 February 2020, commencing at 1:30pm.

TIMOTHY TOL ASSESSMENT MANGER 13 February 2020

THE BERRI BARMERA COUNCIL, DISTRICT COUNCIL OF LOXTON WAIKERIE, RENMARK PARINGA COUNCIL AGENDA FOR A MEETING OF THE RIVERLAND REGIONAL ASSESSMENT PANEL TO BE HELD THURSDAY 20 FEBRUARY 2020 AT 1:30PM AT THE RENMARK PARINGA COUNCIL CHAMBER, EIGHTEENTH STREET, RENMARK.

Members:

Independent Presiding Member Mr B.G. Ballantyne Independent Members Ms J.A. Lewis, Messrs J.B. McVicar, G.D. Parsons Elected Member Mr H DuRieu

Staff

Berri Barmera Council Mr D. Grieve (Senior Development Officer – Planning) District Council of Loxton Waikerie Mr J. Hunt (Development Officer – Planning) Renmark Paringa Council Mr R. Semrau (Principal Planner)

Assessment Manager Mr T Tol

ITEM 1 WELCOME:

ITEM 2 PRESENT:

ITEM 3 APOLOGIES:

ITEM 4 CONFIRMATION OF MINUTES The minutes of the meeting held 23 January 2020 are attached at appendix for members information and adoption. RECOMMENDATION: That the minutes of the meeting held 23 January 2020 be taken as read and confirmed.

ITEM 5 BUSINESS ARISING FROM THE PREVIOUS MINUTES

ITEM 6 DECLARATION OF INTEREST BY MEMBERS OF PANEL:

ITEM 7 HEARING OF REPRESENTATIONS:

ITEM 8 REPORTS:

Item 8.1 Development application 752/113/19 – D Clarke 1 Item 8.2 Development application 551/210/19 – M Wilson & B Ebert 20 Item 8.3 Development application 753/180/19 – L & S Rasheed 24

Item 8.1 Development Application 752/113/19 – D Clarke

Application No: 752/113/19 Council: Berri Barmera Council Relevant Authority: Berri Barmera Council Applicant: Dyllan Clarke Owner: Dyllan and Melissa Clarke Lodgement date: 27 September 2019 Description of development: Change in use from storage shed (store) to light industry (engineering workshop) that includes the repair and maintenance associated with farming and horticultural machinery and equipment. Property details: 31 Rumball Road, Barmera, as contained in Certificate of Title Volume 6190 Folio 845 Zone / Policy Area: Primary Production Zone – Horticulture Policy Area 1 Development plan provisions: Berri Barmera Council Development Plan, as consolidated 8 December 2016 Referrals / Agency consultations: Nil Form of assessment: Merit Public notification category: Category 3 Recommendation: Grant Development Plan Consent, subject to conditions and notes Officer: Dylan Grieve File reference: I191002-125 Appendices follow report: • Application Forms • Representation • Certificate of Title • Applicants Response • Plans and Documents BACKGROUND:

The application seeks a change in use from storage shed (store) to light industry (engineering workshop) that includes the repair and servicing associated with farming and horticultural machinery and equipment. The existing shed (store) was approved as part of 752/169/17 on 19/12/2017 with a condition that ‘the shed must only be used for storage’.

The three shipping containers were approved as part of 752/089/19 on 23/09/2019 and are used for the storage of pumpkins.

HISTORY OF THE SITE:

Historically the subject site has been used for growing vines and pumpkins, however, this use ceased and vines were removed quite some time ago.

There was a pickers quarters on the subject allotment, however, this was demolished in 1999.

Under its current ownership the subject site has remained vacant with the exception of the improvements mentioned above.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 1

PROPOSED DEVELOPMENT:

The existing storage shed 196.76m² and is 21.389m long, 9.199m wide with a wall height of 4.2m for an overall height of 5.011m and is Colorbond Slate Grey.

The works proposed to be carried out within the light industry (engineering workshop) shed, include: • Stainless steel and mild steel welding (Tig,Mig,Arc) • Machining of stock steel in a lathe or milling machine • Fabrication of light structural components, trailers and farm gates / fencing • Stainless steel pipe work fabricated in the workshop and on site depending on job requirements • Grape / fruit harvester repairs and servicing, fruit sorting equipment, conveyors, water filter repairs and fabrication • Tooling for the above jobs will include grinders, lathe, milling machine, plasma cutter, welders, belt linisher, drill press, pan brake, guillotine, band saw and a variety of hand tooling.

The business, which currently is operated from another site with the Berri Barmera Council area, has two utility vehicles (less than 3 tonnes). Accordingly, vehicle movements to and from the workshop may reach ten (10) times a day. Fork lifts are also used to conduct business operations.

Other traffic movements proposed include one (1) Semi-trailer, anticipated to be once per month, for steel delivery and harvesters upon demand (seasonal).

Noise mitigation is proposed in the form of Sisalation Foam Cell insulation installed on the roof and all walls.

Landscaping proposed is 200 Leightons Green Conifer - Leyland Cypress trees for the boarder of the property.

Ten (10) car parking spaces are proposed plus one (1) disabled car parking space.

No advertising / signage is proposed as part of this application.

SUBJECT LAND AND LOCALITY:

The subject land is known as 31 Rumball Road, Winkie as contained in Certificate of Title Volume 5954 Folio 427.

The subject site was previously known as Lot 2 Garwood Lane, Winkie.

The subject site is approximately 7 hectares and has a gentle slope from Rumball Road downwards towards Garwood Lane. The site has been cleared of vines and is free of any tracts of native vegetation.

The locality of the subject site is characterised of horticulture land uses, rural living type allotments, tracts of native vegetation and the Winkie Shop and Post Office. The adjacent disused packing shed is a dominant structure in the immediate locality.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 2

SUBJECT SITE

Figure 1: Map (extract) BeBa/1

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 3

SUBJECT SITE

Figure 2: Zone Map (extract) BeBa/1

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 4

Figure 3: Aerial – Wider Locality

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 5

Figure 3: Aerial – Site

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 6

Figure 3: Panoramic photo from Rumball Road

Figure 4: Subject site looking south-east

Figure 5: Subject site looking west

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 7

Figure 6: Subject site looking north

NATURE OF DEVELOPMENT:

In determining the nature of development, Council must consider the appropriate definition. The proposed land use activity has been judged to be a “light industry” as it will not be the cause of detrimental effect on the amenity of the locality, or within the vicinity, because: • The amenity is already impacted by road noise generated by traffic passing along Rumball Road; • The Policy Area contains several major industries and the Desired Character of the Policy Area anticipates expansion of these and the introduction of new industries where they directly relate to the processing of local primary produce. • The amenity is already impacted by existing use rights on the adjacent land for packing shed activities that may be re-activated at 42 Rumball Road; • The building within which the use is to be conducted, exists on the land; • The emission of noise would be conditioned to be within the limits of the noise policy applied by the Environment Protection Agency (EPA) • The low frequency of traffic movement on the site is unlikely to be the cause of dangerous or congested traffic conditions on nearby roads; and • The building is enclosed, with doors to the southern side only, so it will be possible to contain noise and light spill, when necessary to do so.

It is important to note that Commissioner Green in COOPER & ORS v DISTRICT COUNCIL OF THE COPPER COAST [2016] SAERDC 5 (11 February 2016) took the approach in very similar circumstances that potential variations of the intensity of the proposed use could result in a change to “general industry” but that such potential “morphing” could be avoided with the attachment of relevant conditions of consent to ensure that it does not occur. Accordingly, ‘light industry’ is the most appropriate definition to describe the proposed change in land use. Light industry is neither complying nor non-complying within the Primary Production Zone and accordingly must be considered on merit.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 8

PUBLIC NOTIFICATION:

The proposed development is not listed as a Category 1 or 2 development in the Primary Production Zone Public Notification Table in the Berri Barmera Development Plan – Consolidated 8 December 2016. Turning to the Development Regulations 2008, in the opinion of the Council Administration the proposed development is not of a minor nature and accordingly assigned Category 3 status. A letter notifying of the proposed development was sent to owners and occupiers of each piece of adjacent land and any other owner or occupier of land which the relevant authority believed should be informed. In addition, an advertisement that complies with the requirements set out in the Development Act and Development Regulations was placed in the Murray Pioneer in October 2019 to inform anyone who is interested in the development. One representation was received during public notification from Garry and Ann Cornish who are the owners of 34 Rumball Road, Winkie.

The representation objects to the proposed development and the representors wish to be heard by the Panel. The matters raised include: • Inappropriate location of existing shed • Hours of operation • Dust mitigation • Rubbish generation and nuisance • Amenity of adjacent residential land • Heavy vehicle movements • Toilets • Appearance of land • Storage of flammable gases A copy of the representation and the applicant’s response is attached to this Report.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 9

Author’s Note

On 7 February 2018, Council wrote to the owners of the subject site as the approved storage shed triggered the site being occupied. Every occupied rural property in South Australia is assigned a nationally recognised address, based on a simple driveway location system. The address, 31 Rumball Road, Winkie, is the assigned address for the subject site. This address identifier is to improve the delivery of services and assist essential and emergency service providers accessing property. A B-double (truck and trailer combination consisting of a prime mover coupled to two trailers) is not permitted along Rumball Road, however, a single articulated vehicle (prime mover coupled to a single semi-trailer) is permitted to travel along Rumball Road.

SERIOUSLY AT VARIANCE:

35—Special provisions relating to assessment against Development Plan

(2) Subject to subsection (1), a development that is assessed by a relevant authority as being seriously at variance with the relevant Development Plan must not be granted consent.

The concept of being “seriously at variance” with the Development Plan is always difficult to define with precision. Debelle J said at (33) in Mar Mina (SA) Pty Ltd v City of Marion Anor “… the expression “seriously at variance with the Development Plan” refers to that which is an important or grave departure in either quantity or degree from the Development Plan.” And it “….is not enough that the proposal might conflict with the Development Plan; it must be seriously at variance with it….”

The application is for a change of use of the land to light industry (engineering workshop) within the Primary Production Zone. The desired character of the zone envisages ‘associated rural based industry, services and facilities’. Industry ancillary to, and in association with, farming and / or horticulture is an envisaged land use within the Primary Production Zone

The application cannot therefore be considered seriously at variance with the Development Plan.

REFERRALS:

The proposed development does not trigger any statutory referrals pursuant to Schedule 8 of the Development Regulations 2008. The subject site is NOT within the River Murray Water Protection Area and is excluded from referral to the Department for Environment and Water. Council’s Environmental Health Officer recommended that a wastewater application be a Reserved Matter and that the subject site has an area sufficient for an appropriate engineer designed wastewater system. Council’s Infrastructure Manager confirmed that single articulated vehicles (prime mover coupled to a single semi-trailer) are permitted to travel along Rumball Road and that work to the road in recent years has been carried out to reduce road noise.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 10

DEVELOPMENT PLAN PROVISIONS:

General Section Industrial Objectives: 1, 2, 4, 6 and 7 Development PDCs: 4, 7, 8, 9, 10 and 11

Existing setbacks of the existing shed are approximately, 15m from the Rumball Road boundary, 40m from western boundary and 129m from the eastern boundary. The proposed change in use of an existing storage shed to light industry (engineering workshop) that includes the repair and maintenance associated with farming and horticultural machinery and equipment does not include any alterations or additions to the structure as part of this application. The proposed vehicle access to the site, including that for single articulated vehicles (prime mover coupled to a single semi-trailer), is provided through two access points with a sweep-path to the rear of the existing shed enabling all vehicles to enter and exit the site in a forward direction. Each access point is gated with two (2) four-metre wide gates for an overall gate width of 8 metres. The impact on adjoining uses due to hours of operation, traffic, noise, fumes, smell, dust, paint or other chemical over-spray, vibration, glare or light spill, electronic interference, ash or other harmful or nuisance- creating impacts, is mitigated by the proposed business operating with the confines of the existing shed and regulated by way of a conditions to ensure its ‘light industrial’ use. With the exception of a portion of the western boundary, the existing fencing does not follow the property boundaries, but rather, contain the proposed land use within the confines of an area within the overall site. The designated building and confined site area is less than 60% of the area of the allotment upon which it is situated. Landscaping is proposed to be incorporated as an integral element of light industrial development with 200 Leightons Green Conifer – Leyland Cypress plants at the perimeter of the portioned site area. When these plants are mature this will form a visual screen and mitigate the existing visual prominence of the shed elevation. All other relevant Objectives and PDC’s are considered to comply.

Interface Objectives: 1, 2 and 3 Between Land PDCs: 1, 2, 5, 7, 8, 9, 15, Uses

Noise mitigation from the proposed use within the existing shed is by way of lining the underside of the roof and walls of the shed with Sisalation® Foam Cell Insulation. This product is a reflective foil laminate that reduces up to 95% of the sun’s radiant heat, minimises the risk of condensation and acts as an effective water and vapour barrier. The insulation prevents coincidence dip resonance. The dense core mass layer reflects and absorbs the transmission of sound through walls, ceilings and floors, reducing the critical frequencies generated from mechanical equipment, engine noise and electronic audio technologies such as radio and television. Ideally, the existing shed should have been setback further from the Rumball Road boundary when it was approved by Council in 752/169/17. However, given that there are no openings in the existing shed on the northern, western or eastern elevations, this should mitigate any unreasonable interference by way of noise, light spill, hours of operation and vehicle movements within the site. The proposed land use is within a locality characterised of horticulture land uses, rural living type allotments, tracts of native vegetation and the Winkie Shop and Post Office. The adjacent disused packing shed is a dominant structure in the immediate locality.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 11

The closest dwelling setbacks to the existing shed are indicated below:

It is intended that the dominant rural character of the zone be maintained by the retention of farming and horticultural activities and significant tracts of bushland. It is important for non-agricultural development to recognise and appreciate that the zone is designed for agriculture first and foremost, and that non-agricultural development is required to accommodate itself to the potential effects of such development (e.g. dust, spray drift, noise, as well as use of machinery and equipment at different times of the day, night and year). The proposed use of the shed as an engineering workshop that includes the repair and maintenance associated with farming and horticultural machinery and equipment, will have limited hours of operation compared to that expected from machinery and equipment use from horticulture activities within the immediate locality. Accordingly, it is unlikely that the proposed use, particularly with its proposed noise mitigation measures and landscaping will detrimentally affect the amenity of the locality any more than what is anticipated from the forms of development that are envisaged in the zone. All other relevant Objectives and PDC’s are considered to comply.

Landscaping, Objectives: 1 and 2 Fences and PDCs: 1, 2, 3, 4, 5 and 6 Walls

Landscaping is proposed with 200 Leightons Green Conifer – Leyland Cypress plants at the perimeter of the portioned site area.

This plant is capable of growing up to 3 meters in the first 18 months when planted from a small sized plant.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 12

Please see below for an example of a mature planting:

This will enhance the appearance of Rumball Road frontage by screening the operations of the proposed land use and car parking areas and increase privacy for adjoining and adjacent land uses.

While Leightons Green Conifer – Leyland Cypress is not a native species, it does provide a soft green interface to what is usually a very hard surfaced type of land use.

All other relevant Objectives and PDC’s are considered to comply.

Orderly and Objectives: 1, 2, 3, 4 and 12 Sustainable PDCs: 1, 2, 3, 6, 7 and 8 Development

A light industrial land use within a Primary Production Zone will not prejudice the development in the zone for its intended purpose, but rather, compliment the zone’s primary function by supporting, repairing and maintaining machinery and equipment of an agricultural area that underpins the regions rural economy, primarily consisting of general farming, grazing and horticulture with associated rural based industry, services and facilities.

The proposed land use will contribute to the economic base of the region and offer employment opportunities in Winkie.

The subject site is currently under-utilised land and its proposed use is efficient and co-ordinated and should not prejudice the orderly development of adjacent land.

All other relevant Objectives and PDC’s are considered to comply.

Transportation Objectives: 2 and Access PDCs: 1, 2, 22, 23, 24, 28, 30, 32, 33, 34, 36, 38, 39, 40, 41,

Table BeBa/3 - Off Street Vehicle Parking Requirements specifies that car parking spaces for “light Industry” is 1 car parking space per 50 square metres total floor area, or one per 2 employees (whichever provide the larger number).

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 13

The existing storage shed 196.76m² and WeldX Engineering currently has three (3) employees. Therefore the floor area requirement of 1 car parking space per 50 square metres total floor area is the relevant car parking calculation method. This equates to four (4) required car parking spaces.

Ten (10) car parking spaces are proposed plus one (1) disabled car parking space. This is more than adequate for the proposed use. The road reserve and distance between the road, property boundary and site gates provides vehicles, including single articulated vehicles (prime mover coupled to a single semi-trailer) with safe and convenient access which avoids unreasonable interference with the flow of traffic on adjoining roads, accommodates the type and volume of traffic likely to be generated by the proposed land use and is sited and designed to minimise any adverse impacts on the occupants of and visitors to neighbouring properties.

The service yard is proposed to be compacted crushed rock and is designed to follow the natural contours of the land; minimise excavation and/or fill; minimise the potential for erosion from runoff and is consistent with Australian Standard AS 2890 Parking Facilities.

Council’s Infrastructure Manager confirmed that single articulated vehicles (prime mover coupled to a single semi-trailer) are permitted to travel along Rumball Road and that work to the road in recent years has been carried out to reduce road noise.

All other relevant Objectives and PDC’s are considered to comply.

Waste Objective: 1 PDCs: 1, 2, 3, 5 and 6

Four (4) skip bins are proposed to collect the generation of waste from the proposed business with collection by a commercial contractor. While the proposed skip bins are not screened and separated from adjoining areas, they are proposed in an appropriate location within the designated site are, which is also proposed to be screened by landscaping.

Zone Section Primary Objectives: 1, 3 and 5 Production Zone PDCs: 1, 2 and 4

DESIRED CHARACTER

The zone comprises of the agricultural areas that underpin the regions rural economy, primary consisting of general farming, grazing and horticulture with associated rural based industry, services and facilities. It is intended that the dominant rural character of the zone be maintained by the retention of farming and horticultural activities and significant tracts of bushland. It is important for non-agricultural development to recognise and appreciate that the zone is designed for agriculture first and foremost, and that non-agricultural development is required to accommodate itself to the potential effects of such development (e.g. dust, spray drift, noise, as well as use of machinery and equipment at different times of the day, night and year). If non- agricultural development (including dwellings) cannot accommodate this situation, it would be better for development to be located in another zone. The primacy of agriculture and horticulture to the region’s economy and identity is very important and it is incumbent on this zone to facilitate its continuation (and potential intensification). As a result, this hierarchy is to be treated as the first priority in considering new development.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 14

In furthering the zone’s dominant agricultural and horticultural character, there is a strong desire to see allied value-adding agricultural industries establish and be retained in this zone. Such development will support the established primary industry. It is important to note that industry associated with agriculture, in some cases, can be located within a Commercial Zone or Industry Zone within the township areas, and that industry not associated with agriculture should not be located within the Primary Production Zone.

Industry that supports farming and / or horticulture is an envisaged form of development within the Primary Production Zone.

The proposed land use will support the primary production (farming and horticultural activities) industry of Winkie and the wider region.

While the subject site is not a primary production site, it does have the capability to be a primary production site.

The proposed use is unlikely to limit or inhibit the use of adjoining land for primary production as the building is existing and is proposed to be located within close proximity of its potential primary production (farming and horticultural activities) customer base.

All other relevant Objectives and PDC’s are considered to comply.

Policy Area Section Horticulture Objectives: 1, 2 and 3 Policy Area 1 PDCs: 1, 5 and 6

DESIRED CHARACTER

It is desirable that the character of the closely settled vineyards, the orchards and of the rural bushland of the policy area be retained. Some dryland areas in proximity to Berri, Glossop, Loveday, Monash and Winkie are suitable for a range of low-key home or farm activities, including hospitality services and small scale tourist accommodation.

The policy area contains several major industries. Further expansion of these and the introduction of new industries are appropriate where they directly relate to the processing of local primary produce.

Light industry and service industry associated with the processing, packaging and distribution of produce are envisaged forms of development within Horticulture Policy Area 1.

The proposed light industrial use is proposed to be contained within an existing building that will be well screened from public and neighbouring views so no detriment or nuisance to the locality is likely to arise. The operation of the land for a light industrial use, that includes the repair and maintenance associated with farming and horticultural machinery and equipment, relies upon this direct association with the local growers within and around Winkie.

All other relevant Objectives and PDC’s are considered to comply.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 15

SUMMARY:

The proposal seeks Development Plan Consent for a change in use from storage shed (store) to light industry (engineering workshop) that includes the repair and maintenance associated with farming and horticultural machinery and equipment. The works proposed to be carried out within the light industry (engineering workshop) shed, include: • stainless steel and mild steel welding (Tig,Mig,Arc) • Machining of stock steel in a lathe or milling machine • Fabrication of light structural components, trailers and farm gates / fencing • Stainless steel pipe work fabricated in the workshop and on site depending on job requirements • Grape / fruit harvester repairs and servicing, fruit sorting equipment, conveyors, water filter repairs and fabrication • Tooling for the above jobs will include grinders, lathe, milling machine, plasma cutter, welders, belt linisher, drill press, pan brake, guillotine, band saw and a variety of hand tooling.

Noise mitigation is proposed in the form of Sisalation Foam Cell insulation installed on the roof and all walls.

Landscaping proposed is 200 Leightons Green Conifer - Leyland Cypress trees for the boarder of the property.

The proposed land use will contribute to the economic base of the region and offer employment opportunities in Winkie.

Accordingly, it is unlikely that the proposed use, particularly with its proposed noise mitigation measures and landscaping will detrimentally affect the amenity of the locality any more than what is anticipated from the forms of development that are envisaged in the zone.

When assessed against the relevant provisions of the Development Plan and having regard to the context of the locality and the nature of the proposed development, it is considered that the proposal, in its current form, on balance, satisfies the relevant provisions of the Development Plan. The proposal is broadly consistent with the desired character of the zone and will not detrimentally impact upon the amenity of the adjoining properties of the locality.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 16

RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 752/136/18 is not seriously at variance with the Berri Barmera Council Development Plan.

2. The Riverland Regional Assessment Panel determines to grant Development Plan Consent to Development Application 752/136/18 subject to the following reserved matter, conditions and notes:

Reserved Matters

That pursuant to Section 33 (3) of the Development Act 1993, the applicant shall submit a detailed proposal for the following reserved matters requiring further assessment by Berri Barmera Council prior to Development Approval of the application:

1. The applicant shall lodge and have approved by Council an application to install a wastewater system accompanied by an engineers plan and report that suitably deals with on-site wastewater to the satisfaction of Council Administration.

Pursuant to Section 42 (1) of the Development Act 1993, the Council reserves its decision on the form and substance of any further conditions of Development Plan Consent that it considers appropriate to impose in respect of the reserved matters.

Council conditions:

1. Development is to take place in accordance with the supporting documentation and plans relating to Development Application Number 752/113/19 except as modified by any conditions attached to this Decision Notification, specifically:

Plan type Reference Dated Received Prepared By Site Plan D.Clarke Shed Fit-Out 12.12.18 30.09.19 Berri Drafting Enlarged Site D.Clarke Shed Fit-Out 12.12.18 30.09.19 Berri Drafting Plan Floor Plan D.Clarke Shed Fit-Out 12.12.18 30.09.19 Berri Drafting Landscape Plan Unknown Undated 30.09.19 Dyllan Clarke Supporting Establishing a Light Undated 30.09.19 Dyllan Clarke Letter Industry for WeldX Development Untitled Undated 30.09.19 Dyllan Clarke Plan Highlights

2. A dedicated and independent water supply shall be available at all times for fire fighting purposes which; a) Is located adjacent to the building or in another convenient location on the allotment accessible to fire fighting vehicles (safe and convenient access shall be provided), and b) Comprises a minimum of 5000 litres (any rainwater tank used for this purpose should be dedicated entirely for fire fighting and shall be of non combustible materials). The provision of the dedicated water supply for fighting purposes shall comply with the Ministers Specification SA 78 ‘Bushfire fighting equipment and water supply requirements in designated bushfire prone areas’.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 17

3. The building shall be connected to a wastewater system approved under the South Australian Public Health Act 2011. Prior to building work commencing the applicant shall lodge and have approved by Council an application to install a wastewater system pursuant to the provisions of the South Australian Public Health Act 2011 and South Australian Public Health (Wastewater) Regulations 2013. 4. The processes carried on, the materials and machinery used, the transport of materials, goods or commodities to and from the Land and the scale of the industry shall not detrimentally affect the amenity of the locality or the amenity within the vicinity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, spilled light, or otherwise howsoever; or directly or indirectly, cause dangerous or congested traffic conditions in any nearby road. 5. All mechanical devises shall be located, designed and operated so that no nuisance or inconvenience is caused to occupiers of buildings in the locality through the emission of noise, fumes or odours. 6. Any gaps within the shed which are located above the shed walls to roof eaves line and below the shed walls to ground level, excluding on the southern side, must be sealed so as to minimise the escape of sound and light to the reasonable satisfaction of the Council, prior to occupation or used for the approved use. 7. The vehicular driveway, manoeuvring, parking and hardstand areas must be surfaced with compacted rubble (or such other surface as may be approved by the Council in writing) to the reasonable satisfaction of the Council, prior to occupation or used for the approved use. 8. The compacted rubble surface to vehicular driveway, vehicular manoeuvring, parking and hardstand areas shall be sprayed with water regularly to ensure no dust nuisance arises to adjacent residences to the north, east and west. 9. The ten (10) car parking spaces depicted on the “Site Plan”, shall be delineated on the ground by timber posts, masonry blocks or line marking to the reasonable satisfaction of the Council and prior to occupation or used for the approved use. 10. The northern boundary shall be landscaped with Leightons Green Conifer - Leyland Cypress and be completed after the hardstand, driveway, vehicle manoeuvring and parking areas are surfaced to the satisfaction of the Council and within the first available planting season (spring or autumn) thereafter. 11. Landscaping shall be maintained in good condition to the reasonable satisfaction of the Council at all times. Any plants which becomes diseased or dies shall be replaced forthwith with plants of the same or similar species to the reasonable satisfaction of the Council. 12. The use of the shed and adjacent hardstand areas, for any purpose, shall be limited to 7.00am to 7.00pm on Monday to Saturday; and up to 10.00pm on occasions on Monday to Saturday for emergency repair work only and not for any other purpose such as manufacturing or loading or unloading of materials or products. 13. Mains electricity is to be provided and placed underground to the shed and the use of a external electricity generator, be limited to emergency situations only. 14. If it is intended to install external lighting, a lighting plan and schedule (including, at minimum, details of the location, specification, number and timing of use of external lights including any flood lights and/or security lighting) which is professionally designed to mitigate against light spill and glare to the dwellings beyond the boundaries of the subject land must be submitted to and approved by the Council. If external lighting is implemented it must include all measures recommended, to eliminate or minimise light spill and glare, and undertaken to the satisfaction of the Council. 15. Any lighting associated with the approved use must not cause unreasonable nuisance to the occupiers of dwellings to the east, north-east and north, in the opinion of the Council. 16. The noise emission parameters established by the Environment Protection (Noise) Policy 2007 (as amended from time to time) must be met at the residences existing, to the north, east and west, at all times whenever the approved use is operating.

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17. The applicant shall commission a qualified acoustic engineer to inspect the shed after all works to the shed contemplated in this approval are complete (including the installation of the proposed sliding doors and sealing of all gaps which are located above the shed walls to roof eaves line and below the shed sheet walling to ground level) to confirm that the works have been completed in accordance with recognised acoustic engineering standards so as to minimise the escape of sound from the shed. A report from the acoustic engineer must be provided to the Council within 1 month of completion of all works to the shed. 18. The applicant shall commission a qualified acoustic engineer to undertake a biennial audit (and prepare a written report) of the noise emissions from the usual operations of the Development to determine whether or not compliance with Environment Protection (Noise) Policy 2007 (as amended) is being achieved (or any other relevant EPA Policy or recognised conventional industry standard applicable at the relevant time) and to determine whether all relevant acoustic related conditions of this consent are being met and provide a copy of the written report to the Council by no later than 30 June every second calendar year thereafter. 19. Dust generated by movement of vehicles on the land shall be kept to a minimum and not cause any unreasonable nuisance to neighbours. 20. The premises shall be kept neat, tidy and free from rubbish at all times to the satisfaction of Council. 21. A stormwater management plan (“SWMP”) prepared by a qualified engineer must be provided to the Council, prior to the grant of final development approval. 22. The premises shall not be occupied or used for the approved purpose until all work has been completed in accordance with the approved application and the conditions of consent.

Notes: 1. The development must be substantially commenced within 12 months of the date of this Notification, unless this period has been extended by Council. 2. You are advised that any act or work authorised or required by this Notification must be completed within three years of the date of the Notification unless this period is extended by the Council. 3. The applicant is reminded of its general environmental duty, as required by section 25 of the Environment Protection Act 1993, to take all reasonable and practical measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm. 4. The River Murray and many of its tributaries and overflow areas have abundant evidence of Aboriginal occupation. Under Section 20 of the Aboriginal Heritage Act 1988 (The Act), as an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister for Aboriginal Affairs and Reconciliation, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. Penalties may apply for failure to comply with the Act. 5. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act.

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Item 8.2 Development application 551/210/19 – B Ebert M Wilson

Application No: 551/210/19 Council: District Council of Loxton Waikerie Relevant Authority: District Council of Loxton Waikerie Applicant: Aussie Sheds & Frames Owner: Belinda Ebert & Matthew Wilson Lodgement date: 24/09/19 Description of development: Domestic outbuilding and the parking of a truck and trailer exceeding 3 tonnes in weight Property details: 45 Railway South Terrace, Waikerie, as contained in Certificate of Title Volume 5968 Folio 580 Zone / Policy Area: Rural Living Zone, Precinct 8 Waikerie East Map LoWa/10 Development plan provisions: Loxton Waikerie Development Plan, consolidated 19 April 2017 Referrals / Agency consultations: Nil Form of assessment: Merit Public notification category: Category 1 Recommendation: Grant Development Plan Consent, subject to conditions and notes Officer: Jordan Hunt Appendices follow report: Site Plan Elevation Plan Floor Plan Internal Floor Plan Supporting Statement RRAP Agenda Report – 23/01/2020 RRAP Minutes – 23/01/2020

BACKGROUND:

Development application 551/210/19 was first presented to the Riverland Regional Assessment Panel on the 23 January 2020. A copy of the report and minutes of this meeting are attached for member’s reference.

On the same day, the Panel undertook a site inspection of the subject land, where the Panel members raised concerns regarding the scale and bulk of the proposal and the risk of potential amenity impacts to the adjoining dwelling to the east. At the meeting the Panel chose to defer the application and made the following motion:

The Riverland Regional Assessment Panel determines to DEFER Development Application 551/210/19 to seek additional information regarding the scale and bulk of the proposal.

The request for an amended proposal addressing the concerns was forwarded onto the applicant.

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ADDITIONAL INFORMATION:

On the 10 February 2020, the applicant provided an amended site plan, floor plan, elevation plan and a supporting statement.

The amended site plan repositions the proposed outbuilding, so that it is placed in the south eastern corner of the subject land. The amended floor plan specifies that the floor area and configuration of the proposed outbuilding will remain the same as the original floor plan. The provided amended elevation plan specifies that the heights of the building will remain the same as the original floor plan.

The applicants supporting statement advises the following justification for the proposed outbuildings scale and bulk:

Floor area • As indicated by the indicative floor plan, the building in its current form is reasonably full. The remaining vacant area is for the ease of movement of people or vehicles within the building.

Location of carport • Relocating the building to the southern corner of the property removes the carport from its previous close proximity to the neighbour’s house. The carport is now 30 metres behind the neighbour’s house. The land owner’s preference is for the carport to remain on the eastern side, as if the carport is on the western side, any vehicles or effects stored there at the time could be subjected to the harsh western sun.

Side setback distance • The side setback distance remains at 10m. With the relocation of the building to the rear of the property, the distance from the neighbouring dwelling is increased to 30m. There are no windows of the neighbouring dwelling with a western aspect.

Building heights • The land owner has concerns in regard to the heat generated by the sheet metal roof. The impact of this heat on the higher portions of his prime mover will accelerate the ageing if the vehicle is stored for longer periods of time. Working in the shed is also more enjoyable without the additional temperature that is observed if the roof was lower

Visual bulk of the building • Although the size of the building has not changed, the visual appearance and bulk of the building when viewed from outside the property has been significantly reduced when viewed from Baldock Rd. The front setback from Baldock Rd has increased from 62m to 130m; effectively halving the height of the building when viewed from the road.

SUMMARY:

It is acknowledged that the revised positioning of the proposed outbuilding does not significantly alter the nature of the proposal, nor significantly alter the original assessment.

The amended site plan provides a significant setback distance from Baldock Road, positions the outbuilding behind the associated dwelling, and sets it well away from the adjoining dwelling to the east. The visual bulk of the building has been addressed by repositioning the outbuilding on the low lying section of the subject land, and therefore reducing the immediate visual impacts from the road frontage. Furthermore, the parking of vehicles under the carport is unlikely to lead to amenity impacts given the distance from adjacent built form.

In my opinion, when considering the amendments to the proposal, the application presents sufficient merits to warrant the granting of Development Plan Consent.

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RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 551/210/19 is not seriously at variance with the Loxton Waikerie Development Plan.

2. The Riverland Regional Assessment Panel determines to grant Development Plan Consent to Development Application 551/210/19 subject to the following conditions and notes:

Council conditions:

1. Development is to take place in accordance with the supporting documentation and plans relating to Development Application Number 551/210/19, except as modified by any conditions attached to this Decision Notification, specifically:

Plan type Reference Dated Received Prepared By Site Plan Revision 5 07/02/2020 11/02/2020 Applicant Floor Plan Design 3 08/02/2020 10/02/2020 Applicant Elevation Plan Design 3 08/02/2020 10/02/2020 Applicant Colour Schedule Specifications – 08/02/2020 10/02/2020 Applicant Design 3 Internal Floor Plan Proposed Floor - 29/11/19 Applicant Plan Confirmation of use 551/210/19 13/11/19 13/11/19 Applicant

2. The walls of the proposed development must be constructed of similar material, or painted to match or complement the external finish of the existing dwelling. 3. The outbuilding shall only be used for domestic storage associated with the use of the detached dwelling erected on the land. 4. The landscaping shall be planted in accordance with the approved plans, and provided with an automatic watering system to promote continued growth and survival. Further, the applicant or the persons for the time being making use of the subject land shall cultivate, tend and nurture the landscaping, and shall replant any landscaping which may become diseased or die. 5. Driveway crossover access to the property is to be constructed and maintained to Council’s standard and satisfaction. 6. At no time shall more than one (1) truck and one (1) trailer be parked on the subject land 7. When parked on the land, the truck and trailer shall at all times be unloaded and in a clean condition, free from rubbish. 8. Only routine minor maintenance of the trailer and the truck shall be carried out on the land, including the changing of tyres, greasing, servicing, the changing of oil, minor brake repairs and washing. 9. The truck shall enter and exit the site in a forward direction at all times. Notes: 1. The development must be substantially commenced within 12 months of the date of this Notification, unless this period has been extended by Council. 2. You are advised that any act or work authorised or required by this Notification must be completed within three years of the date of the Notification unless this period is extended by the Council. 3. The applicant is reminded of its general environmental duty, as required by section 25 of the Environment Protection Act 1993, to take all reasonable and practical measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm.

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4. The River Murray and many of its tributaries and overflow areas have abundant evidence of Aboriginal occupation. Under Section 20 of the Aboriginal Heritage Act 1988 (The Act), as an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister for Aboriginal Affairs and Reconciliation, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. Penalties may apply for failure to comply with the Act. 5. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 23

Item 8.3 Development application 753/180/19 – L & S Rasheed

Application No: 753/180/19 Council: Renmark Paringa Council Relevant Authority: Renmark Paringa Council Applicant: Riverland Sheds Pty Ltd Owner: L & S Rasheed Lodgement date: 28 November 2019 Description of development: Shed / carport – domestic outbuilding Property details: Lot 158, 66 Nineteenth Street, Renmark, as contained in Certificate of Title Volume 5612 Folio 373 Zone / Policy Area: Residential Zone, Medium Density Policy Area, Zone Map RePa/17 and Policy Area Map Re/Pa 17 Development plan provisions: Renmark Paringa Council Development Plan, Consolidated – 31 October 2017 Referrals / Agency consultations: Nil Form of assessment: Merit Public notification category: Category 1 Recommendation: Refusal Officer: Ralph Semrau File reference: A221 Appendices follow report: Development Application Site Plan Site Plan (description of development) Aerial photograph of property and structure Elevation Drawings, floor plan and specifications Certificate of Title Electricity Declaration Form BACKGROUND:

I had advised the applicant that due to the proposal being contrary to the Parameters for outbuildings in the Development Plan provisions that the proposal would be presented to the RRAP for a decision. HISTORY OF THE SITE:

The property has been used for residential purposes for a long time and has a well established dwelling and single garage UMR with an attached verandah/ pergola.

PROPOSED DEVELOPMENT:

The proposal is for a 12.5 metre x 6 metre x 3 metre wall height structure. Part of the structure is to remain open, that is the eastern side and rear elevation facing the dwelling. The front of the carport facing Murtho

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 24

Street will have a roller door. The proposed structure is to be located 600mm off of the Murtho Street front property boundary and 1.5 metres in from the east boundary. Refer to Figure 3 below for an aerial photograph view of the property.

The septic is located directly underneath the proposed portion of the carport structure.

The proposed colours of the structure are Paperbark walls and Ironstone gutters and doors.

The structure is to be used for the parking of vehicles, storage and a small area for domestic workshop associated with the use of the land.

SUBJECT LAND AND LOCALITY:

The subject land is approximately 738² metres in size and is known as Lot 158, 66 Nineteenth Street, Renmark as contained in Certificate of Title Volume 5612 Folio 373. The land is mainly rectangular in shape (with a small corner cut off of approximately 20² metres), and is located within the Residential Zone and the Medium Density Policy Area of the Renmark Paringa Council’s Development Plan. Refer to Figures 1 and 2 below.

The southern side of Murtho Street comprises of single detached dwellings and there is a group of semi detached dwellings located to the south east of the property. The Renmark Primary School is located within the Community Zone and basically dominates the north western side of Murtho Street, as it extends from Nineteenth Street right through to Eighteenth Street.

Figure 1

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020 Page 25

66 Nineteenth Street

Figure 2

Figure 3

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RELEVANT AUTHORITY

Council is the relevant authority for assessing this application, however in terms of the recommendation; it is an application that needs to be considered by the Riverland Regional Assessment Panel for a decision. NATURE OF DEVELOPMENT:

As the relevant authority and in accordance with Regulation 16 of the Development Regulations 2008, the nature of the development has been determined as an outbuilding that is associated with the use of the land and is an envisaged development within the Residential Zone. SERIOUSLY AT VARIANCE:

In making an assessment of the application, section 35(2) of the Act provides direction to the Panel, in that it must give consideration as to whether the application is seriously at variance with the Renmark Paringa Council’s Development Plan. 35-(2)Subject to subsection (1), a development that is assessed by a relevant authority as being seriously at variance with the relevant Development Plan must not be granted consent. The concept of being “seriously at variance” with the relevant Development Plan is always difficult to define with precision. Debelle J said at (33) in Mar Mina (SA) Pty Ltd v City of Marion Anor “…the expression “seriously at variance with the Development Plan” refers to that which is important or grave departure in either quantity or degree from the Development Plan.” And it “…is not enough that the proposal might conflict with the Development Plan; it must be seriously at variance with it…” The application is for a Garage / carport - outbuilding within the Residential Zone. To assess whether something is seriously at variance requires consideration of the essential thrust and objective of the Development Plan and what is the intended development in the locality. The provisions under the Residential Zone envisage domestic outbuildings in association with a dwelling. After consideration of the overall relevant Development Plan provisions, a Garage & carport – domestic outbuilding, is not considered to be seriously at variance within the Residential Zone.

PUBLIC NOTIFICATION:

The proposal does not specify a list of developments for Category 1, or Category 2 of the Public Notification heading on page 170 of Council’s Development Plan and makes reference to the Public Notification provisions in Schedule 9 of the Development Regulations 2008. In accordance with Schedule 9 of the Development Regulations 2008, Part 1 - Category 1 development Clause 2(d), the proposal was therefore considered and determined as a Category 1 development. Septic tank – Environmental Health Officer Council’s consultant EHO was requested to comment on this proposal and has indicated that the proposal (after reviewing the site plan), does not meet with the set back requirements stipulated for septic tanks under the On-site Wastewater Systems Code, April 2013. The site plan together with a drawing (from the plumber that services septic tanks throughout the area), indicates the septic tank as being located underneath the proposed carport portion of the structure. There is no information in the application as to how the impacts of traffic over the septic tank and the difficulty in accessing the septic tank for maintenance purposes, is to be addressed. DEVELOPMENT PLAN ASSESSMENT & PROVISIONS:

Domestic outbuildings and in this case a garage / carport should be designed and sited in a manner that is complementary to the associated dwelling, prevailing landscape and other built form in the locality. A domestic outbuilding should be set back from the property boundaries that face a public road, so that it contributes positively to the streetscape character of the locality.

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The dwelling itself faces Nineteenth Street and this is also the property address, however the provisions for set back distances, stipulate this type of structure to be set back from a public road. Nineteenth Street and Murtho Street are both public roads. There are no other similar structures in the locality that are set back only 600mm from the property boundary shared with Murtho Street. It is understood that the property owner has little opportunity at the property to erect a shed of this size so that it will meet with the set back provisions. It is also understood that the property owners have little opportunity to park their vehicles under cover. The existing single garage UMR has a boat and other household items stored, leaving little room for the parking of any other vehicles. Please refer to figures 4 and 5 below. The structure will be located behind a 1.8 metre high solid fence. So if the fence remains intact, 1.2 metres of the solid wall together with the carport roller door, roof and gutters (situated above the solid fence), will be visible from Murtho Street in both directions. The structure’s overall height of 3.8 metres leaves also the gable roof in full view of the street.

Principle of Development Control 1 Land use – the structure is consistent with the envisaged land use for this zone and as a garage / carport – outbuilding is a domestic related structure that is ancillary to an existing dwelling. However, the proposed structure is at odds with PDC 9 for parameters in regard to the set back distances that sheds, garages and similar outbuildings should be designed. In this case the proposed structure is set back only 600mm from the Murtho Street property boundary, opposed to 6 metres, or no closer to the boundary than the existing dwelling. The proposed structure also exceeds the maximum floor area of a domestic outbuilding structure under the same PDC by 15² metres. Residential Development – General Section The proposed structure is at odds with PDC 17(a) as it dominates the streetscape by being located only 600mm from the Murtho Street property boundary. The proposed structure however, has some design features that may complement part of the dwelling located behind the shed in terms of colouring. The open part of the carport structure allows some of the associated dwelling in the background to be seen between the structure’s roof and the top of the fence from the street.

Design and Appearance There are no issues with the design and colour detailing of the proposed structure.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 20 February 2020

Design and Appearance There are no issues with the design and colour detailing of the proposed structure. The proposed development is not adequately set back from the public road and is also not compatible with setbacks of buildings on adjoining land and other buildings in the locality. The proposal is therefore at odds with Principle of Development Control 21(a), (b) and (c) of Design and Appearance in the General Section of the Development Plan provisions. SUMMARY:

Whilst it is understood that there is little room at the property for a shed of this size and that the property owners are looking to shelter their vehicles, the proposed development is at odds with the crucial provisions of Council’s Development Plan. The septic tank also does not meet with the set back requirements of 2.5 metres from the perimeter of the tank from the proposed building/ structure. The structure does not meet with the intent of the set back provision for sheds, garages and similar outbuildings and that is to be set back from the boundary of a public road no closer than the dwelling, or 6 metres whichever is the greatest. The floor area also exceeds the floor area stipulated for the size of the property by 15² metres. Although the structure is of good design detail and colouring, it would be conspicuously sited at the property and will present a gable roof for a distance of 12.5 metres along the Murtho Street property boundary. The solid wall together with the roller door of a distance of 12.5 metres (and close to the Murtho Street boundary), would extend in height above the fence by 1.2 metres. The proposal and its siting at the property would be at odds with the streetscape and other set back distances of other buildings on adjoining land and within the locality. In conclusion and after carrying out an assessment of the most relevant Development Plan provisions and in particular the more crucial ones, the proposed structure is at odds with these provisions. The siting of the “shed / carport – domestic outbuilding”, would detract from the prevailing streetscape character and amenity of the locality. It is therefore recommended that Development Plan consent be Refused. RECOMMENDATION:

1. The Riverland Regional Assessment Panel determines that Development Application 753/180/19 for a shed/ carport – domestic outbuilding at 66 Nineteenth Street Renmark is not seriously at variance with the Renmark Paringa Council Development Plan.

2. The Riverland Regional Assessment Panel determines to REFUSE Development Plan Consent to Development Application 753/180/19 for a shed/ carport – domestic outbuilding at 66 Nineteenth Street Renmark , for the following reasons: 1. The application is at variance with Principle of Development Control 9 of the Residential Zone provisions as it is not set back in accordance with the Parameters. 2. The application is at variance with Principle of Development Control 9 of the Residential Zone provisions as it exceeds the maximum floor area stipulated in the Parameters by 15² metres. 3. The application is at variance with Principle of Development Control 17(a) of the Residential Development provisions of the General Section, as the proposed development would dominate the streetscape by being located only 600mm from the Murtho Road property boundary. 4. The application is at variance with Principle of Development Control 21(a), (b) and (c) of the Design and Appearance provisions of the General Section as it is not compatible with similar set backs of buildings on adjoining land, or within the locality and therefore has the potential to impact on the function, appearance and character of the locality.

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ITEM 9 OTHER BUSINESS:

ITEM 10 NEXT MEETING: The next scheduled meeting of the RRAP is 19 March 2020

ITEM 11 CLOSE:

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