132 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
Present Presiding Member Professor Stephen Hamnett
Members Piers Brissenden Linda Green Rob McBryde
In Attendance
Deryn Atkinson Assessment Manager Sam Clements Team Leader Statutory Planning Doug Samardzija Statutory Planner Susan Hadley Statutory Planner Karen Savage Minute Secretary
1. Commencement The meeting commenced at 6.30pm
2. Apologies/Leave of Absence
2.1 Apologies Simon Bradley
2.2 Leave of Absence Piers Brissenden advised he will be an apology for the meeting on 13 December 2017
3. Previous Minutes
3.1 Meeting held 3 October 2017
The minutes were adopted by consensus of all members (42)
That the minutes of the meeting held on 3 October 2017 be confirmed as an accurate record of the proceedings of that meeting.
Presiding Member 13 December 2017 133 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
4. Delegation of Authority Decisions of this Panel were determined under delegated authority as adopted by Council on 26 September 2017.
5. Presiding Member’s Report Nil
6. Declaration of Interest by Members of Panel Linda Green declared a conflict of interest in Item 8.5, 1 Lobethal Road, Lot 15 Lobethal Road and 32 Jeffrey Street, Lobethal. In her role as an Elected Member of the Adelaide Hills Council, and Chair of the AHBTC Advisory Group, she has been involved in decisions about this matter and it could be perceived that she could gain a personal benefit. She will absent herself from the meeting when this matter is considered.
7. Matters Lying on the Table/Matters Deferred
7.1 Matters Lying on the Table Nil
7.2 Matters Deferred Nil
8. Development Assessment Applications
8.1 Development Application 16/172/473 by NBN Co Limited for telecommunications facility (40m monopole), security compound fence (maximum height 2.4m), 2 x outdoor equipment units and associated facilities (non-complying) at 65 Boundary Drive, Carey Gully
8.1.1 Representations
Name of Representor Address of Representor Nominated Speaker David & Susan Gray 80 Boundary Drive Personally Carey Gully Robin Bruce Coles 77 Boundary Drive David Gray Carey Gully
The applicant’s representatives, Lauren Nicholson (Aurecon Australasia Pty Ltd) and Matt Evans (NBN Co) addressed the Panel.
Presiding Member 13 December 2017 134 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
8.1.2 Decision of Panel
The following recommendation was adopted by consensus of all members (43)
The Council Assessment Panel considers that the proposal is not seriously at variance with the relevant provisions of the Adelaide Hills Council Development Plan, and seeks the CONCURRENCE of the State Commission Assessment Panel to GRANT Development Plan Consent to Development Application 16/172/473 by NBN Co Limited for Telecommunications facility (40m monopole), security compound fence (max height 2.4m), 2 x outdoor equipment units & associated facilities (non- complying) at 65 Boundary Drive Carey Gully subject to the following conditions:
(1) Development In Accordance With The Plans The development herein approved shall be undertaken in accordance with the following plans, details and written submissions accompanying the application, unless varied by a separate condition: Statement of Effect, reference NBN-5STZ-5LEN-5103 – Carey Gully, date stamped as received by Council on 22 May 2017 Cover sheet, Drawing Number 5LEN-51-03-CARE-T1, Revision 02, date stamped as received by Council on 7 March 2016 Site specific notes, Drawing Number 5LEN-51-03-CARE-T1, Revision 02, date stamped as received by Council on 7 March 2016 Overall site plan, Drawing Number 5LEN-51-03-CARE-C2, Revision 02, date stamped as received by Council on 7 March 2016 Site set-out plan, Drawing Number 5LEN-51-03- CARE-C3, Revision 02, date stamped as received by Council on 7 March 2016 Site elevation and details, Drawing Number 5LEN-51-03- CARE-C4, Revision 02, date stamped as received by Council on 7 March 2016 NBN Antenna Configuration & set-out plan, Drawing Number 5LEN-51-03- CARE-A1, Revision 02, date stamped as received by Council on 7 March 2016 Vegetation Clearing Plan, Drawing Number 5LEN-51-03-CARE-C7, Revision A, date stamped as received by Council on 3 November 2017
REASON: To ensure the proposed development is undertaken in accordance with the approved plans.
(2) EPA Soil Erosion and Drainage Management Prior to Building Rules Consent a Soil Erosion and Drainage Management Plan (SEDMP) must be prepared and submitted to the reasonable satisfaction of the Adelaide Hills Council and must be implemented in accordance with the Code of Practice for the building and construction industry http://www.epa.sa.gov.au/files/47790_bccop1.pdf to prevent soil sediment and pollutants leaving the site during the construction phase.
Presiding Member 13 December 2017 135 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
NOTES (1) Development Plan Consent This Development Plan Consent is valid for a period of twelve (12) months commencing from the date of the decision (or if an appeal has been commenced, the date on which the appeal is determined, whichever is later). Building Rules Consent must be applied for prior to the expiry of the Development Plan Consent, or a fresh development application will be required. The twelve (12) month period may be further extended by written request to, and approval by Council. Application for an extension is subject to payment of the relevant fee.
(2) Works On Boundary The development herein approved involves work within close proximity to the boundary. The onus of ensuring development is in the approved position on the correct allotment is the responsibility of the land owner/applicant. This may necessitate a survey being carried out by a licensed land surveyor prior to the work commencing.
(3) Erosion Control During Construction Management of the property during construction shall be undertaken in such a manner as to prevent denudation, erosion or pollution of the environment.
(4) Roadside Marker System The road reserve adjacent to the property is a blue marker site under the Roadside Marker System, indicating that it contains native vegetation of conservation significance and is protected under the Native Vegetation Act. No alteration to the vegetation within the blue marker site is to be undertaken without permission from Council.
(5) Requirement For Separate Application To Construct Access Whilst the location of any alterations to Boundary Drive (including within road reserve areas) has been authorised in this development consent, it does not approve any alteration to the road or clearance of vegetation under section 221 of the Local Government Act 1999. An “Application to Construct Access to a Private Property” is required to be lodged (including payment of a lodgement fee) and approved by the Council prior to the undertaking of any works. Council’s crossing place and reinstatement requirements are contained within the application form.
(6) EPA Environmental Duty 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.
Presiding Member 13 December 2017 136 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
(7) The applicant is advised that the Environment Protection (Water Quality) Policy 2015 came into effect on 1 January 2016. Therefore, all reasonable and practicable measures must be put in place to prevent or minimise environmental harm during the construction process. The Environment Protection (Water Quality) Policy 2015 can be found at: https://www.legislation.sa.gov.au/LZ/C/POL/Environment%20Protection%20(Water% 20Quality)%20Policy%202015.aspx.
(8) Department of Environment, Water & Natural Resources (DEWNR) – Native Vegetation Council Note The applicant is advised that any proposal to clear, remove limbs or trim native vegetation on the land, unless the proposed clearance is subject to an exemption under the Regulations of the Native Vegetation Act 1991, requires the approval of the Native Vegetation Council. The clearance of native vegetation includes the flooding of land, or any other act or activity that causes the killing or destruction of native vegetation, the severing of branches or any other substantial damage to native vegetation. For further information visit: www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_nat ive_vegetation
Any queries regarding the clearance of native vegetation should be directed to the Native Vegetation Council Secretariat on 8303 9777. This must be sought prior to Full Development Approval being granted by Council.
8.2 Development Application 17/488/473 by D’Andrea & Associates SA Pty Ltd for demolition of existing buildings and construction of single storey detached dwelling, swimming pool, tennis court, tennis court fence (maximum height 3.6m) and alfresco viewing pavilion, combined fence/retaining walls (maximum height 2.7m) and associated earthworks at 20 Arcoona Avenue, Rostrevor
8.2.1 Representations
Name of Representor Address of Representor Nominated Speaker Katharine Parletta 18 Arcoona Avenue Personally Rostrevor
The applicant’s representatives, Marcus Rolfe (URPS) and Paul Coscia (Landowner), addressed the Panel.
Presiding Member 13 December 2017 137 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
8.2.2 Decision of Panel
The following was adopted by consensus of all members (44)
The Council Assessment Panel considers that the proposal is not seriously at variance with the relevant provisions of the Adelaide Hills Council Development Plan, and GRANTS Development Plan Consent to Development Application 17/488/473 by D'Andrea & Associates SA Pty Ltd for Demolition of existing buildings & construction of single storey detached dwelling, swimming pool, tennis court, tennis court fence (maximum height 3.6m) and alfresco viewing pavilion, combined fence/retaining walls (max height 2.7m) and associated earthworks at 20 Arcoona Avenue Rostrevor subject to the following conditions:
(1) Development In Accordance With The Plans The development herein approved shall be undertaken in accordance with the following plans, details and written submissions accompanying the application, unless varied by a separate condition: Site ground/floor plan prepared by D’Andrea and Associates (Sheet 01 rev C dated 23.10.17) Elevation plan prepared by D’Andrea and Associates (Sheet 02 rev D dated 31.10.17) Existing site contour plan prepared by D’Andrea and Associates (Sheet 03 dated 23.08.17) Shadow diagram prepared by D’Andrea and Associates (Sheet 04 dated 31.10.17)
REASON: To ensure the proposed development is undertaken in accordance with the approved plans.
(2) Residential Lighting All external lighting shall be directed away from residential development and, shielded if necessary to prevent light spill causing nuisance to the occupiers of those residential properties.
REASON: Lighting shall not detrimentally affect the residential amenity of the locality.
(3) External Finishes The external finishes to the building herein approved shall be as follows: WALLS: Off White rendered finish or similar ROOF: Woodland Grey or similar
Presiding Member 13 December 2017 138 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
REASON: The external materials of buildings should have surfaces which are of a low light-reflective nature and blend with the natural rural landscape and minimise visual intrusion.
(4) Soil Erosion Control Prior to construction of the approved development straw bales (or other soil erosion control methods as approved by Council) shall be placed and secured below areas of excavation and fill to prevent soil moving off the site during periods of rainfall.
REASON: Development should prevent erosion and stormwater pollution before, during and after construction.
(5) Stormwater Overflow Directed To Street All roof runoff generated by the development hereby approved shall be directed to a rainwater tank with overflow to the street (via a pump if necessary) or a Council drainage easement to the satisfaction of Council within one month of the roof cladding being installed. All roof and hard paved water runoff shall be managed to prevent trespass onto adjoining properties and into the effluent disposal area where an on-site waste control system exists.
Overflow from rainwater tanks is to be directed to the street (via a pump if necessary) or managed on-site to the satisfaction of Council using design techniques to the satisfaction of Council.
REASON: To minimise erosion, protect the environment and to ensure no ponding of stormwater resulting from development occurs on adjacent sites.
(6) Swimming Pool Pumps & Filters Pumps and filters shall be located in an insulated enclosure and operated so as not to emit noise levels in excess of the applicable Environment Protection (Noise) Policy 2007. The maximum noise level shall not exceed 45db(A) from 10:00 p.m. on any night until 7:00 a.m. the following morning.
REASON: To ensure noise shall not detrimentally affect the residential locality.
(7) Swimming Pool Backwash Water Backwash water from swimming pool filter(s) shall be directed to the sewer. In non-sewered areas, backwash water shall not be directed to any watercourse, dam, stormwater or septic system. A separate on-site dedicated soakage or irrigation area shall be designed for this purpose.
REASON: To prevent pollution of the watershed and environmental harm.
Presiding Member 13 December 2017 139 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
NOTES (1) Works On Boundary The development herein approved involves work on the boundary. The onus of ensuring development is in the approved position on the correct allotment is the responsibility of the land owner/applicant. This may necessitate a survey being carried out by a licensed land surveyor prior to the work commencing.
(2) Sewer Connection The dwelling shall be connected to SA Water mains sewer supply in accordance with the approval granted by SA Water. All work shall be to the satisfaction of SA Water.
(3) Development Plan Consent Expiry This Development Plan consent (DPC) is valid for a period of twelve (12) months commencing from the date of the decision (or if an appeal has been commenced the date on which it is determined, whichever is later). Building Rules Consent must be applied for prior to the expiry of the DPC, or a fresh development application will be required. The twelve (12) month time period may be further extended by Council agreement following written request and payment of the relevant fee.
(4) Erosion Control During Construction Management of the property during construction shall be undertaken in such a manner as to prevent denudation, erosion or pollution of the environment.
(5) Surveyed Boundaries The onus of ensuring that any wall or fence is located in the approved position on the correct allotment is the responsibility of the land owner/applicant. This may necessitate a boundary survey being undertaken by a licensed land surveyor prior to the work commencing and when the wall is complete.
(6) Requirement For Retaining Wall To Be Constructed Prior To Works Commencing The retaining wall on the eastern and western side of the property, as described on the site plan stamped as part of this authorisation, shall be constructed prior to the commencement of the construction of the dwelling.
(7) Requirement for SA Water Approval To Fill Swimming Pool New pools or spas may only be filled under the authority of a permit from SA Water. The applicant is advised to obtain a permit to fill the pool with water from SA Water before proceeding with the installation of the swimming pool.
Presiding Member 13 December 2017 140 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
SA Water advises that a permit will not be granted unless proof is provided that a cover has been purchased to prevent water loss through evaporation.
(8) Swimming Pool Chemicals No spillage of waste shall occur from the storage or use of pool chemicals. Disposal of any chemicals shall only occur at the EPA Household Hazardous Waste Depot (Ph 8204 1947) or through a licensed waste contractor.
(9) Fence Colour Consultation As indicated at the Panel meeting, the applicant is advised to undertake consultation with the neighbour at 18 Arcoona Avenue in relation to reaching agreement on the boundary fence colour.
8.3 Development Application 16/946/473 by Mataan Dunning for two storey detached dwelling, decks (maximum height 3.3m), 2 x 22,000 litre water storage tanks, 1.8m fence on top of existing retaining wall (maximum combined height 4.1m) and associated earthworks at 1A Atkinson Road, Crafers West
8.3.1 Representations
Name of Representor Address of Representor Nominated Speaker Nick & Marianne Berry 1 Atkinson Road Graham Burns Crafers West MasterPlan and Nick Berry
The applicant’s representative, Garth Heynen (Heynen Planning Consultants), addressed the Panel.
8.3.2 Decision of Panel
The following was adopted by consensus of all members (45)
The Council Assessment Panel DEFERS consideration of Development Application 16/946/473 by Mataan Dunning for Two storey detached dwelling, decks (maximum height 3.3m), 2 x 22,000 litre water storage tanks, 1.8m fence on top of existing retaining wall (maximum combined height 4.1m) and associated earthworks at 1A Atkinson Road Crafers West to allow the applicant to provide more definitive data and overshadowing diagrams for the 21 June solstice and either the spring or autumn equinox at 3.00pm, using independent expert data sets from Geosciences Australia (Department of Industry, Innovation and Science).
Presiding Member 13 December 2017 141 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
8.4 Development Application 16/447/473 by Aaron Haarsma for tourist accommodation facility comprised of 2 separate self-contained villas, masonry walls (maximum height 900mm), landscaping and associated earthworks (non-complying) at Piece 9 Leslie Road, Lenswood
8.4.1 Representations
Prior to the meeting, the following representor advised that she no longer wished to be heard and would not be attending the meeting:
Name of Representor Address of Representor Nominated Speaker Margaret Fuzy Lot 61 Swamp Road Personally Lenswood
8.4.2 Decision of Panel
The following was adopted by consensus of all members (46)
Following advice that the representor no longer wishes to be heard, the Council Assessment Panel DELEGATES Application 16/447/473 by Aaron Haarsma for tourist accommodation facility comprised of 2 separate self-contained villas, masonry walls (maximum height 900mm), landscaping & associated earthworks (non-complying) at Piece 9 Leslie Road, Lenswood back to staff for determination, once the referral response from the EPA has been received.
8:49pm Linda Green withdrew from the meeting due to her declared conflict of interest
8.5 Development Application 16/871/473 (16/D41/473) by Adelaide Hills Council for Land Division to create one (1) additional allotment (3 allotments into 4), including demolition of existing canopy and new stormwater drainage system and building fire safety upgrades at 1 Lobethal Road, Lot 15 Lobethal Road and 32 Jeffrey Street, Lobethal
8.5.1 Representations Nil
Presiding Member 13 December 2017 142 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
8.5.2 Decision of Panel
The following recommendation was adopted by consensus of all members (47)
The Council Assessment Panel considers that the proposal is not seriously at variance with the relevant provisions of the Adelaide Hills Council Development Plan, and GRANTS Development Plan Consent and Land Division Consent to Development Application 16/871/473 (16/D41/473) by Adelaide Hills Council for Land division to create one additional allotment (3 allotments into 4), including demolition of existing canopy and new stormwater drainage system at 1 Lobethal Road, Lot 15 Lobethal Road and 32 Jeffrey Street, Lobethal subject to the following conditions:
Planning Conditions
(1) Development in Accordance with the Plans The development herein approved shall be undertaken in accordance with the following plans, details and written submissions accompanying the application, unless varied by a separate condition: Plan of Division (Ref. GB2199, Drawing No. GB2199TT South 2, Rev 4, Sheets 1 to 3) prepared Pyper Leaker Surveying Services dated 6 September 2017 Stormwater Management Plan (Job. S36014-256227, Drawing No. C001) prepared by FMG Engineering dated June 2017 Hydraulic Services Site Layout Plan (Drawing No. B7025-P01) prepared by SECON Consulting Engineers dated 7 September 2017
REASON: To ensure the proposed development is undertaken in accordance with the approved plans.
(2) Provision of Easements No services shall traverse the boundaries of the proposed allotments unless provisions are made via appropriate easements, with such easements to be delineated on the final plan of division.
REASON: To ensure the proposed development proceeds in an orderly manner.
Council Land Division Conditions
(1) Stormwater Management Prior to Section 51 Clearance, the stormwater management requirements detailed on Stormwater Management Plan (Job. S36014-256227, Drawing No. C001) prepared by FMG Engineering dated June 2017 shall be undertaken to the satisfaction of Council.
Presiding Member 13 December 2017 143 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
REASON: To minimise erosion and protect the environment and ensure that no ponding of stormwater resulting from development occurs on adjacent sites.
(2) Removal of Canopy Prior to Section 51 Clearance, the existing canopy that traverses the new boundary between Lots 702 and 703 as detailed on the Fire Services Plan (Drawing No. B7025-F01) prepared by SECON Consulting Engineers dated 11 September 2017 shall be removed from the land. Building Rules Consent will be required for the removal of the canopy prior to Development Approval being granted to the Land Division.
REASON: To ensure the proposed development proceeds in an orderly manner.
DAC Land Division Conditions
(1) Requirement for SA Water Provisions The financial and augmentation requirements of the SA Water Corporation shall be met for the provision of water supply and sewerage services (SA Water H00528086).
The internal drains shall be altered to the satisfaction of the SA Water Corporation.
SA Water advises on receipt of the developer details and site specifications an investigation will be carried out to determine if the connections to your development will be standard or non-standard fees.
On approval of the application, all internal water piping that crosses the allotment boundaries must be severed or redirected at the developers/owners cost to ensure that the pipework relating to each allotment is contained within its boundaries.
REASON: Statutory requirement in accordance with Section 33 (1) (c) of the Development Act 1993.
(2) Requirement For Payment Into Planning & Development Fund Payment of $6676 shall be made into the Planning and Development Fund (1 allotment @ $6676 /allotment). Payment may be made by credit card via the internet at www.edala.sa.gov.au or by phone (7109 7018), by cheque payable to the Development Assessment Commission marked “Not Negotiable” and sent to GPO Box 1815, Adelaide 5001 or in person, at Ground Floor, 101 Grenfell Street, Adelaide.
Presiding Member 13 December 2017 144 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING
REASON: Statutory requirement in accordance with Section 50 and Regulation 56 of the Development Act 1993 and Regulations 2008.
Planning Notes
(1) Development Plan Consent Expiry This Development Plan consent (DPC) is valid for a period of twelve (12) months commencing from the date of the decision (or if an appeal has been commenced the date on which it is determined, whichever is later). Building Rules Consent must be applied for prior to the expiry of the DPC, or a fresh development application will be required. The twelve (12) month time period may be further extended by Council agreement following written request and payment of the relevant fee.
9:06pm Linda Green returned to the meeting
9. Policy Issues for Advice to Council Nil
10. Other Business
10.1 Amendment to Clause 1.2 of the Council Assessment Panel Operating and Meeting Procedures – meetings of CAP
Moved Linda Green Carried S/- Rob McBryde (48)
The Council Assessment Panel amends Clause 1.2 of the Operating and Meeting Procedures, such that ordinary meetings of the CAP will be held on the second Wednesday of each month at times and places as determined by the Assessment Manager.
11. Next Meeting The next ordinary Council Assessment Panel meeting will be held on Wednesday 13 December 2017.
12. Close meeting The meeting closed at 9.10pm.
Presiding Member 13 December 2017