Page 1299. 30/08/2004 MID MURRAY COUNCIL DEVELOPMENT ASSESSMENT PANEL MINUTES of the MEETING of the MID MURRAY COUNCIL DEVELOPME

Page 1299. 30/08/2004 MID MURRAY COUNCIL DEVELOPMENT ASSESSMENT PANEL

MINUTES OF THE MEETING OF THE MID MURRAY COUNCIL DEVELOPMENT ASSESSMENT PANEL HELD IN THE COUNCIL CHAMBERS, MAIN STREET, CAMBRAI ON MONDAY, 30TH AUGUST, 2004

PRESENT:

IR Mann (Presiding Member), HE Knipe, DJ Burgess, IK Bormann, PA Campbell, R Mead and RS Bourne.

IN ATTENDANCE:

Mr KL Goldstone, Environmental Services Manager Mr GD Parsons, Development Officer - Planning

COMMENCEMENT AND WELCOME: 10-17 AM

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

APOLOGY: Was received from BJ Taylor.

1299/1 D Burgess moved that the apology be received. Seconded R Mead. CARRIED.

CONFIRMATION OF PREVIOUS MINUTES:

(Page 1258 – 26/07/2004)

1299/2 R Meade moved that the Minutes of the Mid Murray Council Development Assessment Panel Meeting held on 26th July 2004, be taken as read and confirmed. Seconded D Burgess. CARRIED.

DEVELOPMENT REPORT: See Minute Book Pages 1302 – 1345.

1299/3 H Knipe moved that the report be received. Seconded R Bourne. CARRIED. Page 1300. 30/08/2004 BUSINESS ARISING FROM REPORT:

Development Application – P Edwards

1300/1 D Burgess moved that the Development Assessment Panel accepts the amended plan dated 08/07/2004 in regard to Development Application 711/D517/03 satisfies the requirements of Council’s Development Plan and authorises staff to: (i) formulate/negotiate appropriate conditions, inclusive of the deletion of the 1.0 metre wide reserve at the end of the proposed road reserve, and (ii) advise the ERD Court of the Panel’s willingness to reach agreement in terms of acceptance and approval of the amended plan. Seconded R Mead. CARRIED.

Development Application – W & I Kocza

1300/2 P Campbell moved that the Development Assessment Panel having formed the opinion Development Application 711/49/04 is not seriously at variance with Council’s Development Plan, authorise the issue of Provisional Development Plan Consent under delegated authority subject to the attachment of relevant conditions including those relating to location and screening of the proposed dwelling. Seconded R Mead. CARRIED.

Development Application – W & I Kocza

1300/3 D Burgess moved that pursuant to Section 33 (1)(a) of the Development Act, 1993 Provisional Development Plan Consent be refused to Development Application 711/50/04 due to the development application’s non-compliance with the following objectives and principles of development control as detailed in the Development Plan: • Council Wide Objectives 2, 32, 33, 34 • Rural Zone Principles of Development Control 1, 24, 29 • Hills Policy Area Objective 1 • Hills Policy Area Principle of Development Control 1 Seconded I Bormann. CARRIED.

LATE CORRESPONDENCE: Nil

OTHER BUSINESS: Nil

NEXT MEETING:

To be held in the Council Chambers, Main Street, Cambrai on Monday, 27th September, 2004 commencing at 10.00am. Page 1301. 30/08/2004 CLOSURE:

The Presiding Member thanked all Panel members for their involvement and input to Panel deliberations over the past term and closed the meeting at 11-08 AM.

...... PRESIDING MEMBER

...... DATE Page 1302. 30/08/2004 MID MURRAY COUNCIL DEVELOPMENT ASSESSMENT PANEL

DEVELOPMENT REPORT

Development Report for the Meeting of the Mid Murray Council Development Assessment Panel, to be held in the Council Chambers, Main Street, Cambrai on Monday, 30th August 2004.

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD

Development Applications RECEIVED during the Reporting Period of 15th July 2004 to 16th August 2004.

Development No. 711/320/04 Name DJ Craig Location Lot 90 of D33358, Section 193, Marks Landing Shack Road, Marks Shacks, Hundred of Nildottie Description Replacement Dwelling Date Received 15.07.2004 ------Development No. 711/321/04 Name S Hicks Location Lot 96 of F214772, Victoria Street, Mannum, Hundred of Finniss Description Shed Date Received 16.07.2004 ------Development No. 711/322/04 Name T Treadwell Location Lot 96 of F214772, Victoria Street, Mannum, Hundred of Finniss Description Shed Date Received 16.07.2004 ------Development No. 711/323/04 Name JL & JK Gaborit Location Section 333, Belvedere Road, Hundred of Finniss Description Shed Date Received 16.07.2004 ------Page 1303. 30/08/2004

DEVELOPMENT REPORT CONT’D

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/324/04 Name PD Farquhar Location Lot 45, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley Description Garage Date Received 15.07.2004 ------Development No. 711/327/04 Name B Horley Location Section 169, Pelde Street, Punyelroo, Hundred of Fisher Description Dwelling Date Received 20.07.2004 ------Development No. 711/328/04 Name B & S Wachtel Location F170201, Piece 112, Palmer-Monarto Road, Hundred of Tungkillo Description Garage Date Received 20.07.2004 ------Development No. 711/329/04 Name Herrmann Holdings Pty Ltd Location Lot 1 of D60682, Punyelroo Road, Punyelroo, Hundred of Fisher Description Shed Date Received 20.07.2004 ------Development No. 711/330/04 Name Piranha Property Trust Location Lot 1 of D63315, King George Street, Mannum, Hundred of Finniss Description Change of Land Use Date Received 20.07.2004 ------Development No. 711/331/04 Name CO & HJ Palmer Location Lot 67 of D56261, Armstrong Street, Shacksite Reserve, Hundred of Skurray Description Dwelling Alterations Date Received 20.07.2004 ------Page 1304. 30/08/2004

DEVELOPMENT REPORT CONT’D

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/332/04 Name MS & BT Tincknell Location Lot 5 of F121489, River Lane, Mannum, Hundred of Finniss Description Dwelling Additions Date Received 19.07.2004 ------Development No. 711/333/04 Name Piranha Property Trust Location Lot 53 of D1823, Queen Mary Street, Mannum, Hundred of Finniss Description Relocate Transportable Dwelling Date Received 19.07.2004 ------Development No. 711/334/04 Name T Gundlach Location Lot 45 of F101168, Section 42, Page Drive, Riverbanks Estate, Hundred of Skurray Description Alteration to Riverbank Date Received 19.07.2004 ------Development No. 711/335/04 Name GR & JE Miller Location Section 624, Rocky Point Landing Road, Rocky Point Landing, Hundred of Ridley Description Quaker Barn Date Received 21.07.2004 ------Development No. 711/336/04 Name I Shaughnessy Location Lot 3 of 1454, Part Section 165, Schilling Road, Halfway House Road Sub Division, Hundred of Anna Description Shed - Club Room Date Received 21.07.2004 ------Development No. 711/337/04 Name DC & PJ Hickey Location Lot 104 of D59373, Government Road, Hundred of Beatty Description Farm Shed Date Received 22.07.2004 ------Page 1305. 30/08/2004

DEVELOPMENT REPORT CONT’D

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/338/04 Name S Daniel Location Lot 69 of D46119, Charles Street, Caloote, Hundred of Finniss Description Shed Date Received 22.07.2004 ------Development No. 711/339/04 Name M Lampe Location Lot 8 of D28502, Section 476, Government Road, Hundred of Eba Description Caravan Annexe Date Received 22.07.2004 ------Development No. 711/340/04 Name DV & JA Zadow Location Lot 63 of D46119, Zadow Road, Hundred of Finniss Description Dwelling Date Received 23.07.2004 ------Development No. 711/341/04 Name IT Hunter Location Lot 93 of D33358, Section 193, Marks Landing Shack Road, Marks Shacks, Hundred of Nildottie Description Deck Extension Date Received 23.07.2004 ------Development No. 711/342/04 Name DL & JE Stillwell Location Lot 36 of D5793, Part Section 299, Rob Loxton Road, Walker Flat, Hundred of Ridley Description Dwelling Additions Date Received 26.07.2004 ------Development No. 711/343/04 Name K Quinn Location Lot 12, Adelaide Road, Mannum, Hundred of Finniss Description Pergola Date Received 27.07.2004 ------Page 1306. 30/08/2004

DEVELOPMENT REPORT CONT’D

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/346/04 Name M & M Holmes Location Lot 8 of D28502, Section 476, Government Road, Hundred of Eba Description Solid Annexe Date Received 27.07.2004 ------Development No. 711/347/04 Name R White Location Lot 8 of D28502, Section 476, Government Road, Hundred of Eba Description Solid Annexe Date Received 27.07.2004 ------Development No. 711/348/04 Name M Stennett Location Lot 8 of D28502, Section 476, Government Road, Hundred of Eba Description Solid Annexe Date Received 27.07.2004 ------Development No. 711/349/04 Name R Mikalauskas Location Lot 37 of F8274, Section 231, Government Road, Hundred of Eba Description Enclosure of lower level for storage Date Received 22.07.2004 ------Development No. 711/350/04 Name RD Hall Location Lot 3 of F110105, Part Section Z, East Front Road, Hundred of Younghusband Description Boat Ramp & Storage Shed Date Received 23.07.2004 ------Development No. 711/351/04 Name BJ Poynter Location Section 225, Scrubby Flat Shack Road, Scrubby Flat, Hundred of Forster Description Storage Shed Date Received 26.07.2004 ------Page 1307. 30/08/2004

DEVELOPMENT REPORT CONT’D

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/352/04 Name JR Walter Location Lot 67 of F107436, Section 211, Government Road, Hundred of Eba Description Decking Extension Date Received 26.07.2004 ------Development No. 711/353/04 Name D & S Kowald Location Lot C, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley Description Jetty Date Received 26.07.2004 ------Development No. 711/354/04 Name Murray Machining & Sheds Location Lot 10 of FP106987, Section 238, Government Road, Hundred of Eba Description Storage Shed Date Received 26.07.2004 ------Development No. 711/355/04 Name Roof Seal Rural Location Section 457, Bundilla Road, Cambrai, Hundred of Angas Description Verandah Date Received 26.07.2004 ------Development No. 711/356/04 Name Mid Murraylands Local History Group Inc. Location Part Section 237, Nildottie Road, Swan Reach, Hundred of Nildottie Description Workshop & Shelter Date Received 27.07.2004 ------Development No. 711/357/04 Name PP Blanco Location Lot 15 of D49587, Section 644, Sprinkler Drive, Walker Flat, Hundred of Ridley Description Dwelling Additions Date Received 28.07.2004 ------Page 1308. 30/08/2004

DEVELOPMENT REPORT CONT’D

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/358/04 Name Batson Period Homes Pty Ltd Location Lot 145 of D62821, Providence Drive, Bowhill, Hundred of Younghusband Description Boat Shed Date Received 28.07.2004 ------Development No. 711/359/04 Name DW Cleaver Location Section 382, Government Road, Hundred of Eba Description Dwelling Additions Date Received 28.07.2004 ------Development No. 711/360/04 Name DW Routleff Location Lot 58 of F203, South Punyelroo Shack Road, South Punyelroo, Hundred of Fisher Description Retaining Wall Date Received 23.07.2004 ------Development No. 711/361/04 Name W Gibbins Location Lot 7 of F17696, Sedan Hill Road, Keyneton, Hundred of Jellicoe Description Shed Date Received 27.07.2004 ------Development No. 711/362/04 Name RT & VA Scharber Location Lot 23 of D58666, Greenshields Road, Hundred of Younghusband Description Extension of time for Development Application 711/73/02 Date Received 30.07.2004 ------Development No. 711/363/04 Name I Hallett Location Lot 203, Second Street, Morgan, Hundred of Eba Description Verandah & Shed Extensions Date Received 02.08.2004 ------Page 1309. 30/08/2004

DEVELOPMENT REPORT CONT’D

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/364/04 Name H Hoepfner Location Lot 11, Section 10, Government Road, Hundred of Hay Description Garage Date Received 02.08.2004 ------Development No. 711/365/04 Name D Scarman Location Lot 179 of F208555, Part Section 208, Mannum Road, Sanderston, Hundred of Angas Description Dwelling Date Received 02.08.2004 ------Development No. 711/367/04 Name Riverland Sheds Location Section 382, Government Road, Hundred of Eba Description Garage Date Received 02.08.2004 ------Development No. 711/368/04 Name VBG Architects Location Lot 100 of D41958, Mt Pleasant Sedan Road, Hundred of Jutland Description Dwelling Date Received 03.08.2004 ------Development No. 711/369/04 Name AH Scoot Location Lot 6 of D5840, Wanke Road, Mannum, Hundred of Finniss Description Pergola Date Received 03.08.2004 ------Development No. 711/371/04 Name DJ Horsfall Location Lot 91 of F209595, Cliff Street, Mannum, Hundred of Finniss Description Dwelling Extensions Date Received 05.08.2004 ------Page 1310. 30/08/2004

DEVELOPMENT REPORT CONT’D

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/372/04 Name V & J Dixon Location Lot 22 of D53798, Section 841, East Front Road, Hundred of Younghusband Description Landing Date Received 28.07.2004 ------Development No. 711/374/04 Name K Leverington & M Hume Location Lot 156 of F209342, Part Section 89, Paull Road, Big Bend, Hundred of Ridley Description Dwelling Additions Date Received 09.08.2004 ------Development No. 711/375/04 Name Rivergum Homes Pty Ltd Location Section 2, Dutton St Kitts Road, Dutton, Hundred of Dutton Description Dwelling Date Received 02.08.2004 ------Development No. 711/376/04 Name B & B Heinicke Location Lot 1 of D55766, East Front Road, Hundred of Younghusband Description Dwelling Alterations Date Received 05.08.2004 ------Development No. 711/377/04 Name J Terrell-Payne & L Payne Location Section 263, Government Road, Hundred of Eba Description Stock Shelter & Amenities Date Received 05.08.2004 ------Development No. 711/379/04 Name B Robinson Location Lot 2 of D39945, Angas Valley Road, Angas Valley, Hundred of Angas Description Storage Shed Date Received 10.08.2004 ------Page 1311. 30/08/2004

DEVELOPMENT REPORT CONT’D

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/380/04 Name GA Pedler Location Lot 163 of T120701, Fifth Street, Morgan, Hundred of Eba Description Shed Date Received 10.08.2004 ------Development No. 711/381/04 Name JL Marsh Location Lot 224, Rider Street, Blanchetown, Hundred of Skurray Description Garages Date Received 11.08.2004 ------Development No. 711/382/04 Name PC & SD Cherry Location Section 360, Government Road, Hundred of Eba Description Shed Date Received 12.08.2004 ------Development No. 711/384/04 Name GL Hooper Location Lot 93 of F203, South Punyelroo Shack Road, South Punyelroo, Hundred of Fisher Description Shed Date Received 10.08.2004 ------Development No. 711/385/04 Name IC & RC Budenberg Location Lot 89 of F203, South Punyelroo Shack Road, South Punyelroo, Hundred of Fisher Description Bathroom, Deck and Shed Date Received 10.08.2004 ------Development No. 711/386/04 Name S Lang Location Lot 6 of D55936, Government Road, Hundred of Eba Description Dwelling Date Received 11.08.2004 ------Page 1312. 30/08/2004

DEVELOPMENT REPORT CONT’D

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/387/04 Name PE & CB Sickerdick Location Lot 29, King George Street, Mannum, Hundred of Finniss Description Carport Date Received 13.08.2004 ------Development No. 711/388/04 Name Rivercity Sheds Location Lot 90 of D60196, Douglas Street, Mannum, Hundred of Finniss Description Garage Date Received 06.08.2004 ------Development No. 711/389/04 Name C Lack Location Lot 102 of D46509, Section 377, Government Road, Hundred of Finniss Description Dwelling Date Received 09.08.2004 ------Development No. 711/390/04 Name Selecta Homes Location Lot 39 of D8338, Bormann Avenue, Mannum, Hundred of Finniss Description Dwelling Date Received 09.08.2004 ------Development No. 711/391/04 Name River Gum Homes Pty Ltd Location Lot 45 of F101168, Section 42, Page Drive, Riverbanks Estate, Hundred of Skurray Description Dwelling Date Received 13.08.2004 ------Development No. 711/392/04 Name CA Harcus Location Lot 761 of F209137, Part Section 41, Tamke Road, Sedan, Hundred of Bagot Description Verandah & Carport Date Received 16.08.2004 ------Page 1313. 30/08/2004

DEVELOPMENT REPORT CONT’D

A. DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/393/04 Name RL Merrett Location Section 91, Government Road, Hundred of Stuart Description Dwelling Date Received 11.08.2004 ------Page 1314. 30/08/2004

DEVELOPMENT REPORT CONT’D

B. LAND DIVISION APPLICATIONS RECEIVED DURING THE REPORTING PERIOD

Land Division Applications RECEIVED during the Reporting Period of 15th July 2004 to 16th August 2004.

Development No. 711/D038/04 Name KG Gowling Location Lot 8 of D24434, Perseverance Court, and Piece 25 of D57831, East Front Road, Hundred of Younghusband Description Land Division – creation of 6 additional allotments in River Murray Zone, River Settlement Policy Area/Recreation and Tourism Policy Area Date Received 16.07.2004 ------Development No. 711/D040/04 Name B Hemingbrough Location Lot 39 of D8338, Bormann Avenue, Mannum, Hundred of Finniss Description Land Division – creation of 1 additional allotment in Residential Zone Date Received 30.07.2004 ------Development No. 711/D041/04 Name KD & PJ Paniewicz Location Lot 490 of F208866, Part Section 146, Purnong Road, Hundred of Finniss Description Land Division – boundary realignment in River Murray Zone, Primary Production Policy Area Date Received 29.07.2004 ------Development No. 711/D042/04 Name RMJ Guthrie Location Lot 93 of F162990, Adelaide-Mannum Road, Hundred of Tungkillo Description Land Division - boundary realignment in Rural Zone Hills Policy Area Date Received 28.07.2004 ------Development No. 711/D043/04 Name Birchmore Properties Pty Ltd Location Lot 2 of D44993, North Terrace, Mannum, Hundred of Finniss Description Land Division - creation of 6 additional allotments in Residential Zone. Date Received 06.08.2004 ------Page 1315. 30/08/2004

DEVELOPMENT REPORT CONT’D

B. LAND DIVISION APPLICATIONS RECEIVED DURING THE REPORTING PERIOD CONT’D

Development No. 711/D044/04 Name JL Scriven Location Lot 2 of D23460, East Front Road, and Lot 503 of D57008, Government Road, Hundred of Younghusband Description Land Division - boundary realignment in River Murray Zone Tourism and Recreation Policy Area Date Received 13.08.2004 ------Development No. 711/D046/04 Name HD Graetz Location Part Section 42, Swan Reach Road, and Lot 1 of D43803, Lime Kiln Road, Sedan, Hundred of Bagot Description Land Division - Boundary realignment in Rural Zone Murray Plains Policy Area Date Received 13.08.2004 ------Page 1316. 30/08/2004

DEVELOPMENT REPORT CONT’D

C. DEVELOPMENT APPLICATIONS APPROVED IN ACCORDANCE WITH DELEGATED AUTHORITY

Development Applications APPROVED during the Reporting Period of 15th July 2004 to 16th August 2004.

Development No. 711/47/01 Name CR Elix Location Section 9, Burdett Road, Hundred of Younghusband Description Relocate Transportable Dwelling Value $10,000.00 Date Approved 15.07.04 ------Development No. 711/517/03 Name B & L Pogorecki Location Lot 292 of F177174, Government Road, Hundred of Eba Description Dwelling Addition Value $190,000.00 Date Approved 09.08.04 ------Development No. 711/544/03 Name P & K Franklin Location Lot 15 of D52809, Section 255, Riverside Drive, Big Bend, Hundred of Nildottie Description Retaining Walls & Replacement Jetty Value $1,000.00 Date Approved 02.08.04 ------Development No. 711/586/03 Name M Kopcheff Location Lot 7 of D1586, Part Section 4, Victoria Street, Swan Reach, Hundred of Nildottie Description Shed Value $800.00 Date Approved 02.08.04 ------Development No. 711/616/03 Name E Keenan Location Lot 175 of F100107, Section 217, Government Road, Hundred of Eba Description Retaining Wall Value $1,300.00 Date Approved 21.07.04 ------Page 1317. 30/08/2004

DEVELOPMENT REPORT CONT’D

C. DEVELOPMENT APPLICATIONS APPROVED IN ACCORDANCE WITH DELEGATED AUTHORITY CONT’D

Development No. 711/671/03 Name RJ Ramke Location Lot 19 of D62821, Providence Drive, Bowhill, Hundred of Younghusband Description Garage Value $14,000.00 Date Approved 03.08.04 ------Development No. 711/9/04 Name Selecta Homes Location Lot 26 of D53798, Section 841, East Front Road, Hundred of Younghusband Description Dwelling Value $67,555.00 Date Approved 16.07.04 ------Development No. 711/46/04 Name D Bendo, E Bendo & M Favretto Location Lot 102 of D62821, Providence Drive, Bowhill, Hundred of Younghusband Description Garage & Fence Value $8,000.00 Date Approved 12.08.04 ------Development No. 711/66/04 Name River Gum Homes Pty Ltd Location Lot 49 of D10943, Part Section 59, Tom Groggin Drive, Hundred of Younghusband Description Dwelling Value $112,550.00 Date Approved 26.07.04 ------Development No. 711/70/04 Name R & V Zadow Location Lot 109, River Lane, Mannum, Hundred of Finniss Description Lattice Work Value $1,400.00 Date Approved 17.07.04 ------Page 1318. 30/08/2004

DEVELOPMENT REPORT CONT’D

C. DEVELOPMENT APPLICATIONS APPROVED IN ACCORDANCE WITH DELEGATED AUTHORITY CONT’D

Development No. 711/84/04 Name KA & GS Noack Location Section 46, Smyth Road, Cadell, Hundred of Cadell Description Dwelling Additions Value $33,000.00 Date Approved 28.07.04 ------Development No. 711/85/04 Name Longridge Sarah Housing Group Pty Ltd Location Lot 54 of D53979, Section 584, Mannum Purnong Road, Caurnamont, Hundred of Ridley Description Dwelling Value $111,310.00 Date Approved 16.07.04 ------Development No. 711/96/04 Name W & G Blowes Location Section 535, Sabaruma Road, Wongulla, Hundred of Ridley Description Dwelling Value $65,000.00 Date Approved 26.07.04 ------Development No. 711/131/04 Name D & J Whitbread Location Lot 110 of D62821, Providence Drive, Bowhill, Hundred of Younghusband Description Dwelling Additions Value $10,000.00 Date Approved 11.08.04 ------Development No. 711/139/04 Name Longridge Sarah Housing Group Pty Ltd Location Lot 34 of F364, Part Section 960, Adelaide-Mannum Road, Hundred of Tungkillo Description Dwelling Value $89,534.00 Date Approved 19.07.04 ------Page 1319. 30/08/2004

DEVELOPMENT REPORT CONT’D

C. DEVELOPMENT APPLICATIONS APPROVED IN ACCORDANCE WITH DELEGATED AUTHORITY CONT’D

Development No. 711/156/04 Name Adelaide Relocation Services Location Lot 87 of F8274, Section 229, Government Road, Hundred of Eba Description Garage Value $9,590.00 Date Approved 21.07.04 ------Development No. 711/157/04 Name D Crichton Location Lot 28 of F130578, Section 239, Government Road, Hundred of Cadell Description Shed Value $980.00 Date Approved 09.08.04 ------Development No. 711/158/04 Name River Gum Homes Pty Ltd Location Lot 1 of D26788, North Terrace, Blanchetown, Hundred of Skurray Description Dwelling Value $108,821.00 Date Approved 26.07.04 ------Development No. 711/164/04 Name DJ Kennett Location Lot 46 of F203, South Punyelroo Shack Road, South Punyelroo, Hundred of Fisher Description Shed Value $3,700.00 Date Approved 11.08.04 ------Development No. 711/165/04 Name T & D Prust Location Lot 34, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley Description Replacement Jetty Value $5,000.00 Date Approved 21.07.04 ------Page 1320. 30/08/2004

DEVELOPMENT REPORT CONT’D

C. DEVELOPMENT APPLICATIONS APPROVED IN ACCORDANCE WITH DELEGATED AUTHORITY CONT’D

Development No. 711/178/04 Name A & E Haby Location Section 164, Forster Bowhill Road, Forster, Hundred of Forster Description Dwelling and Shed Value $180,000.00 Date Approved 19.07.04 ------Development No. 711/181/04 Name NL Duinhouwer Location Lot 11, Randell Street, Mannum, Hundred of Finniss Description Foreshore Retainer Wall Value $500.00 Date Approved 21.07.04 ------Development No. 711/188/04 Name Swan Reach CFS Location Part Section 237, Nildottie Road, Swan Reach, Hundred of Nildottie Description Dwelling Alterations Value $10,402.00 Date Approved 27.07.04 ------Development No. 711/199/04 Name WD & JL Hannam Location Lot 119 of D62821, Providence Drive, Bowhill, Hundred of Younghusband Description Garage Value $3,500.00 Date Approved 22.07.04 ------Development No. 711/202/04 Name D Scarman Location Lot 179 of F208555, Part Section 208, Mannum Road, Sanderston, Hundred of Angas Description Shed Value $4,950.00 Date Approved 02.08.04 ------Page 1321. 30/08/2004

DEVELOPMENT REPORT CONT’D

C. DEVELOPMENT APPLICATIONS APPROVED IN ACCORDANCE WITH DELEGATED AUTHORITY CONT’D

Development No. 711/204/04 Name MC & ME Kleemann Location Section 529, Maczkowiack Road, Hundred of Finniss Description Relocation of Shed Value nil Date Approved 13.08.04 ------Development No. 711/206/04 Name TJ & TC Wachtel Location Lot 54 of D33358, Section 193, Marks Landing Shack Road, Marks Shacks, Hundred of Nildottie Description Shed Value $3,558.00 Date Approved 04.08.04 ------Development No. 711/213/04 Name AJ & JE Brown Location Section 206, Bower Road, Stonefield, Hundred of Anna Description Verandahs Value $9,500.00 Date Approved 21.07.04 ------Development No. 711/217/04 Name P Michopoulos Location Lot 6 of D4702, Crawford Crescent, Mannum, Hundred of Finniss Description Pergola Value $3,000.00 Date Approved 20.07.04 ------Development No. 711/225/04 Name W Lueders & A Cooke Location Lot 8 of F18660, Purnong Road, Hundred of Finniss Description Enclosure of breezeway Value $4,884.00 Date Approved 03.08.04 ------Page 1322. 30/08/2004

DEVELOPMENT REPORT CONT’D

C. DEVELOPMENT APPLICATIONS APPROVED IN ACCORDANCE WITH DELEGATED AUTHORITY CONT’D

Development No. 711/244/04 Name PBS Australia Location Lot 8 of D38260, Belvedere Road, Hundred of Finniss Description Swimming Pool Value $21,480.00 Date Approved 16.07.04 ------Development No. 711/245/04 Name J Kuys Location Lot 43 of D18817, Part Section 960, Palmer-Cookes Hill Road, Hundred of Tungkillo Description Shed Value $9,273.00 Date Approved 22.07.04 ------Development No. 711/256/04 Name B Findlay Location Lot 130 of D62821, Providence Drive, Bowhill, Hundred of Younghusband Description Shed Value $3,600.00 Date Approved 28.07.04 ------Development No. 711/266/04 Name AH Wilson Location Lot 3 of F137717, Government Road, Hundred of Finniss Description Garage Value $2,000.00 Date Approved 26.07.04 ------Development No. 711/269/04 Name Mr Carports Location Lot 25 of D193, Hoopers Street, Tungkillo, Hundred of Tungkillo Description Verandah Value $5,429.00 Date Approved 09.08.04 ------Page 1323. 30/08/2004

DEVELOPMENT REPORT CONT’D

C. DEVELOPMENT APPLICATIONS APPROVED IN ACCORDANCE WITH DELEGATED AUTHORITY CONT’D

Development No. 711/280/04 Name BM Wilksch Location Section 337, Government Road, Hundred of Eba Description Verandahs Value $3,600.00 Date Approved 20.07.04 ------Development No. 711/281/04 Name BM Wilksch Location Lot 228 of T120701, Federal Street, Morgan, Hundred of Eba Description Carport & Verandah Value $2,950.00 Date Approved 21.07.04 ------Development No. 711/283/04 Name GL Hausler Location Lot 46, Fourth Street, Morgan, Hundred of Eba Description Shed Value $3,250.00 Date Approved 21.07.04 ------Development No. 711/290/04 Name R Salisbury Location Section 486, Railway Terrace, Morgan, Hundred of Eba Description Addition to shed Value $4,000.00 Date Approved 22.07.04 ------Development No. 711/296/04 Name GJ Taylor Location Lot 90 of D53187, Section 185, Kungari Court, Punyelroo, Hundred of Fisher Description Carport Value $1,000.00 Date Approved 11.08.04 ------Page 1324. 30/08/2004

DEVELOPMENT REPORT CONT’D

C. DEVELOPMENT APPLICATIONS APPROVED IN ACCORDANCE WITH DELEGATED AUTHORITY CONT’D

Development No. 711/297/04 Name TK Milmoe Location Lot 74 of D56261, St Sophia Street, Shacksite Reserve, Hundred of Skurray Description Carport Value $1,276.00 Date Approved 16.08.04 ------Development No. 711/299/04 Name RT & DE Ruediger Location Lot 10 of D22249, Railway Terrace, Truro, Hundred of Jellicoe Description Garage Value $4,500.00 Date Approved 21.07.04 ------Development No. 711/306/04 Name G Tanner Location Lot 3 of 1454, Part Section 165, Schilling Road, Halfway House Road Sub Division, Hundred of Anna Description Hangar (garage) Value $4,550.00 Date Approved 09.08.04 ------Development No. 711/307/04 Name KM Wooding Location Lot 3 of 1454, Part Section 165, Schilling Road, Halfway House Road Sub Division, Hundred of Anna Description Hangar (garage) Value $4,928.00 Date Approved 09.08.04 ------Development No. 711/317/04 Name DJ Ross Location Section 470, Government Road, Cadell Irrigation Area, Hundred of Cadell Description Garage Value $3,300.00 Date Approved 26.07.04 ------Page 1325. 30/08/2004

DEVELOPMENT REPORT CONT’D

C. DEVELOPMENT APPLICATIONS APPROVED IN ACCORDANCE WITH DELEGATED AUTHORITY CONT’D

Development No. 711/321/04 Name S Hicks Location Lot 96 of F214772, Victoria Street, Mannum, Hundred of Finniss Description Shed Value $4,050.00 Date Approved 06.08.04 ------Development No. 711/343/04 Name K Quinn Location Lot 12, Adelaide Road, Mannum, Hundred of Finniss Description Pergola Value $2,800.00 Date Approved 09.08.04 ------Development No. 711/355/04 Name Roof Seal Rural Location Section 457, Bundilla Road, Cambrai, Hundred of Angas Description Verandah Value $9,000.00 Date Approved 16.08.04 ------Page 1326. 30/08/2004

DEVELOPMENT REPORT CONT’D

D. LAND DIVISION APPLICATIONS APPROVED IN ACCORDANCE WITH DELEGATED AUTHORITY

Land Division Applications APPROVED during the Reporting Period of 15th July 2004 to 16th August 2004.

Development No. 711/D521/03 Name Veska & Lohmeyer Location Lot 22 of D52017, Section 798, Caloote Reserve, Hundred of Finniss Description Land Division – boundary realignment in River Murray Zone, Shack Settlement Policy Area Date Approved 03.08.04 ------Development No. 711/D010/04 Name T Eversham Location Section 736, East Front Road, Hundred of Younghusband Description Land Division – boundary realignment in River Murray Zone, River Settlement Policy Area Date Approved 15.07.04 ------Development No. 711/D023/04 Name K Adler Location Lot 61, Part Section 59, Tom Groggin Drive, Hundred of Younghusband Description Land Division – boundary realignment in River Murray Zone, River Settlement Policy Area/Recreation and Tourism Policy Area Date Approved 09.08.04 ------Development No. 711/D032/04 Name CW Fromm Location Lot 7 of D4702, Murray Crescent, Mannum, Hundred of Finniss Description Land Division – creation of 1 additional allotment in Residential Zone Date Approved 20.07.04 ------Page 1327. 30/08/2004

DEVELOPMENT REPORT CONT’D

E. DEVELOPMENT APPLICATIONS REFUSED

Development Applications REFUSED during the Reporting Period of 15th July 2004 to 16th August 2004.

Development No. 711/500/02 Name S Lang Location Section 295, Government Road, Hundred of Eba Description Dwelling Date Refused 16.07.2004 Relevant Authority Council Reason for Refusal Planning consent lapsed, works not commenced within 12 months as per notation d) of decision notification form for provisional development plan consent for development application 711/500/02. ------Development No. 711/63/04 Name M & G Zamel Location Lot 4 of D4980, Part Section 299, Rob Loxton Road, Walker Flat, Hundred of Ridley Description Jetty Date Refused 20.07.2004 Relevant Authority Council Reason for Refusal Development application 711/63/04 is refused upon a direction from the Environmental Protection Agency to Schedule 22(7) (4) of the Development Regulations 1993. ------Development No. 711/177/04 Name DH & JY Roberts Location Lot 21 of D53798, Section 841, East Front Road, Hundred of Younghusband Description Replacement Dwelling Date Refused 27.07.2004 Relevant Authority Council Reason for Refusal Pursuant to Section 37(4)(b) of the Development Act 1993 and Schedule 8 Item 19(g) of the Development Regulations 1993 Development Application 711/177/04 has been directed for refusal by the Minister for the River Murray. ------Page 1328. 30/08/2004

DEVELOPMENT REPORT CONT’D

E. DEVELOPMENT APPLICATIONS REFUSED CONT’D

Development No. 711/301/04 Name V De Maria Location Section 272, Government Road, Hundred of Eba Description 12 month extension of time for Date Refused 26.07.2004 Relevant Authority Council Reason for Refusal Council now has amended policy framework in place in the form of the Rural Areas Plan Amendment Report. It is desirable to discourage further forms of residential activity in these pastoral regions of the district. ------Page 1329. 30/08/2004

DEVELOPMENT REPORT CONT’D

F. LAND DIVISION APPLICATIONS REFUSED IN ACCORDANCE WITH DELEGATED AUTHORITY

Land Division Applications REFUSED during the Reporting Period of 15th July 2004 to 16th August 2004.

Nil Page 1330. 30/08/2004

DEVELOPMENT REPORT CONT’D:

G. DEVELOPMENT STATISTICS

Reporting Officer: Kelvin Goldstone

The following table indicates statistics relating to development applications processed for the 2004 calendar year.

Due to the absence of a meeting in August 2003, the Progressive Total figures for 2003 relate to July 2003)

REPORTING PERIOD PROGRESSIVE TOTAL PROGRESSIVE TOTAL (CALENDAR YEAR – 2004) (PREVIOUS YEAR – 2003) TYPE OF DEVELOPMENT NUMBER VALUE NUMBER VALUE NUMBER VALUE Dwellings 8 $744,770.00 46 $3,957,807.60 62 $4,369,653.00

Dwelling 25 $325,002.00 138 $1,286,382.00 106 $729,681.00 Additions/Attachments (verandahs, carports etc)

Domestic Garages 9 $54,368.00 34 $164,732.50 47 $291,630.00

Farm Buildings (implement 0 $0 10 $4,900,215.95 36 $5,278,012.00 sheds, hay sheds, animal husbandry etc)

Other (community buildings, 6 $30,680.00 38 $1,322,365.50 97 $1,049,323.00 boat ramps, tanks, swimming pools etc)

Land Division 4 28 16

Total 52 $1,154,820.00 294 $11,631,503.55 364 $11,718,299.00

For Information Only.

Page 1331. 30/08/2004

DEVELOPMENT REPORT CONT’D

H. DEVELOPMENT APPLICATION – P EDWARDS

Reporting Officer: James Miller

Development No. 711/D517/03 Applicant P Edwards Subject Land Lot 105, Elizabeth Street, Mannum, Hundred of Finniss, Certificate of Title Volume 5856, Folio 137 Proposal Land Division

OVERVIEW

At the July meeting of the Development Assessment Panel the following resolution was adopted:

1259/1 B Taylor moved that in relation to development application 711/D517/03: i. The matter be deferred pending the receipt of a report from Council’s Planning Consultant, M Wohlstadt; and ii. Staff be instructed to request the Environment, Resources and Development Court to defer the compulsory conference scheduled for 3rd August 2004. Seconded H Knipe. CARRIED.

In accordance with the Panel’s resolution the amended plans were forwarded to Council’s planning consultant, Michael Wohlstadt, for comment, attached is a copy of the response received.

Mr Wohlstadt concludes in stating:

“The application, apart from the unnecessary reserve referred to, is in a form suitable for support by the Panel in the ERD Court Compulsory Conference…”

Should the Panel concur with Mr Wohlstadt’s findings, it is advisable to delegate authority to planning staff to formulate appropriate conditions to attach to the development approval. Conversely, should the Panel consider the amended plans are still seriously at variance with the Development Plan, all parties will return to the Environment, Resources and Development Court on 10 September 2004 where hearing dates for the Appeal will be set down.

For Consideration.

Page 1332. 30/08/2004

DEVELOPMENT REPORT CONT’D

I. DEVELOPMENT APPLICATION – W & I KOCZA

Reporting Officer: James Miller

Development No. 711/49/04 Applicant W & I Kocza Subject Land Lot 102 of Filed Plan 29485, Part Section 960, Palmer Hill Road, Palmer, Hundred of Tungkillo, Certificate of Title Volume 5403, Folio 286 Proposal Detached dwelling

INTRODUCTION

The above application has been lodged with Council where provisional development plan consent is sought for the establishment of a detached dwelling on vacant land situated south west of Palmer.

Copies of plans and details submitted with the application are attached for members’ perusal.

SUBJECT LAND

The subject land is identified as Lot 102 of Filed Plan 29485, Part Section 960, Palmer Hill Road, Palmer, Hundred of Tungkillo, and as contained in Certificate of Title Volume 5403, Folio 286.

The allotment is situated within 500 metres of the Palmer township boundary, to the southwest and is located within the Rural Zone – Hills (Hills Face) Policy Area of Council’s Development Plan, as depicted on Fig HF(HPA)/4 of the Development Plan.

The subject land comprises 36.94 hectares and lends itself to productive cropping and grazing activity predominately to the eastern end of the subject allotment given the land takes in the steep and undulating rises of the Palmer Hill ranges to the west. Some areas of native vegetation exist over the land Page 1333. 30/08/2004

DEVELOPMENT REPORT CONT’D

I. DEVELOPMENT APPLICATION – W & I KOCZA CONT’D

Figure 1.1 identifies the subject land.

Figure 1.1

F169858 A109 F169860 A111 A D E LL L I A H

ID E S K -M O A F169861 A112 N O C N - U M R E

S198 LM A R P I F169854 A105 O V E R IN Palmer M SE

RE A DE LA ER I M DE F29485 A101 -M L AN A N P UN

E N

F29485 A102 E

C D13908 A111

F29485 A103 E

DESCRIPTION OF PROPOSAL

A detached dwelling comprising three bedrooms and approximately 120m2 is proposed for establishment, to be sited to the east of the allotment, some 100 metres from the road carriageway and twenty metres from the southern boundary fence (see amended plans).

The dwelling is to be accessed along the northern boundary where access/egress to the carriageway is at the existing gate location.

It is stated that the remainder of the land shall be utilised for farming purposes where cropping and grazing activity shall continue.

Pending receipt of soil tests, effluent for the dwelling is proposed for disposal through a conventional waste control system.

Although not specified within the development application, should the proposal be granted provisional development plan consent, there will be a requirement to conform to bushfire regulations, particularly with regard to water holding tanks for fire fighting purposes. Page 1334. 30/08/2004

DEVELOPMENT REPORT CONT’D

I. DEVELOPMENT APPLICATION – W & I KOCZA CONT’D

REFERRALS

Primary Industries and Resources SA were informally notified of the proposal and requested to provide comment due to the potential conflict such a development could bring to nearby farming operations. The advice of the department concludes:

“The proposed dwellings would result in productive land being used for rural living. This is often a less productive use of land and not favoured by PIRSA.”

The advice of PIRSA is attached for members’ perusal to assist in formulating a position on the proposal.

PUBLIC NOTIFICATION

Pursuant to principle of development control 48 of the Rural Zone, the application is deemed to comprise a category 1 form of development as the applicant contends that the dwelling is associated with farming activity. As such, Council did not undertake a public notification of the proposal.

RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

MID MURRAY COUNCIL

COUNCIL WIDE

OBJECTIVES

Form of Development

Objectives 1, 2

Rural Development

Objectives 32, 33

Rural Living

Objective 34

Page 1335. 30/08/2004

DEVELOPMENT REPORT CONT’D

I. DEVELOPMENT APPLICATION – W & I KOCZA CONT’D

RURAL ZONE

OBJECTIVES

Built Form and Design

Objectives 19 and 20

PRINCIPLES OF DEVELOPMENT CONTROL

Form of Development

Principles 1

Built Form and Design

Principles 21, 22 and 23

Building Development

Principles 24 and 25

HILLS POLICY AREA

OBJECTIVES

Objectives 1 and 2

PRINCIPLES OF DEVELOPMENT CONTROL

Principles 1, 2 and 3

ASSESSMENT

An assessment of the proposal against Council’s Development Plan, namely against those development control provisions for the whole of Council area, the Rural Zone and Hills Policy Area, is provided for below.

When considering the merits of a particular development application, one generally examines the desired future character statement for the respective zone or policy area the proposal falls within to obtain an indicative gauge as whether such development is anticipated for the locality upon which it is proposed. Page 1336. 30/08/2004

DEVELOPMENT REPORT CONT’D

I. DEVELOPMENT APPLICATION – W & I KOCZA CONT’D

The supporting statement submitted by MasterPlan consultants describes the proposal as a rural dwelling. Within the desired future character statement for the zone, ‘urban residential’ is determined as being unacceptable development whilst residential use associated with farming, horticulture and viticulture is considered acceptable development. The applicant contends this proposal is a rural dwelling that may be associated with farming activity. As the applicant states in their correspondence dated 31 March 2004, the balance of the respective allotments will continue to be used for grazing purposes and therefore the proposal does, to an extent, generally accord with the desired future character statement for the zone. I do however have some reservations with respect to the inter-linkage of the two activities being residential and farming. I shall explain these concerns in greater depth shortly.

Examining some of the critical development control provisions of the Development Plan, I draw members’ attention to Principle of Development Control 24 of the Rural Zone that states:

“A dwelling should only be established on an allotment with a minimum size of 36ha, other than the area defined as Figs HF(MWPA)/1 to 5 and Figs HF(HPA)/1 to 5 where an allotment with a minimum size of 200ha is required and the Pastoral Policy Area where an allotment with a minimum size of 900ha is required.”

The subject land falls within the Hills Face precinct of the Hills Policy Area where allotments accommodating residential use are required to comprise 200ha. In this instance, Lot 102 comprises 36.94ha. This equates to a shortfall of some 143ha.

In addition to examining the DFC statement for the zone, one must also consider the DFC statement for the Hills Policy Area which reads:

“The following uses are unacceptable in that part of the Hills Policy Area defined in Figures HF(HPA)/1 to 5): • Buildings on allotments less than 200ha in size.”

Principle of Development Control 1 of the Hills Policy Area envisages only those forms of development consistent with the DFC statement as being appropriate. Clearly, land size alone would suggest the form of development proposed does not meet the policy area’s DFC statement. Page 1337. 30/08/2004

DEVELOPMENT REPORT CONT’D

I. DEVELOPMENT APPLICATION – W & I KOCZA CONT’D

Earlier in the report I discussed concerns pertaining to land use conflict and the ability of the dwelling to discourage maximization of the land parcel for farming purposes. When one considers the location of the dwelling (see attached photographs) it becomes evident that considerable prime agricultural land shall be lost to make way for the dwelling. When one contemplates additional clearance required around the premises for shedding and windbreaks, it becomes clear that a substantial portion of the land may be lost to agricultural activity. And when one considers that only a small portion of the allotment is actually suitable to agricultural land use pursuits, importance must be given to preserving viable primary production landform.

Whilst the applicant contends the residence shall be an associated activity to an agricultural activity, I fear for the potential loss of prime agricultural land to accommodate this proposal. This, coupled with the proposal’s non-compliance with the Policy Area’s minimum development unit of 200ha, leads me to form an opinion that the proposal will not achieve either the zone or policy area’s DFC statements in that potentially viable agricultural land could be jeopardized to accommodate an unacceptable use of the land. The Development Plan in this regard speaks for promoting grazing and cropping activity, not hindering it through such development.

To conclude, I have formulated the opinion that the proposal, on balance, is not just at variance with the relevant objectives and principles of development control as listed within the Development Plan. Rather, the proposal is seriously at variance with the fundamental development control provisions for development of this nature and therefore warrants refusal. Grounds for drawing the conclusion I have are entailed within my recommendation listed below.

RECOMMENDATION: Moved ______, Seconded ______, “that pursuant to Section 33 (1)(a) of the Development Act, 1993 Provisional Development Plan Consent be refused to Development Application 711/49/04 due to the development application’s non- compliance with the following objectives and principle of development control as detailed in the Development Plan:

• Council Wide Objectives 2, 32, 33, 34 • Rural Zone Principles of Development Control 1, 24 • Hills Policy Area Objective 1 • Hills Policy Area Principle of Development Control 1

Page 1338. 30/08/2004

DEVELOPMENT REPORT CONT’D

J. DEVELOPMENT APPLICATION – W & I KOCZA

Reporting Officer: James Miller

Development No. 711/50/04 Applicant W & I Kocza Subject Land Lot 104 of Filed Plan 29485, Part Section 960, Mine Road, Palmer, Hundred of Tungkillo, Certificate of Title Volume 5403, Folio 287 Proposal Detached dwelling

INTRODUCTION

The above application has been lodged with Council where provisional development plan consent is sought for the establishment of a detached dwelling on vacant land situated south west of Palmer.

Copies of plans and details submitted with the application are attached for members’ perusal.

SUBJECT LAND

The subject land is identified as Lot 104 of Filed Plan 29485, Part Section 960, Mine Road, Palmer, Hundred of Tungkillo, and as contained in Certificate of Title Volume 5403, Folio 287.

The allotment is situated approximately three kilometres south west of the Palmer township and is located within the Rural Zone – Hills (Hills Face) Policy Area of Council’s Development Plan, as depicted on Fig HF(HPA)/4 of the Development Plan.

The subject land comprises 30.08 hectares and is considerably steep in most parts, lending itself predominately to grazing activity. The land is accessed off Mine Road, an unsealed carriageway, providing approximately 800 metres road frontage to the subject allotment. Some areas of native vegetation exist over the land, mainly to the north and western portions. Page 1339. 30/08/2004

DEVELOPMENT REPORT CONT’D

J. DEVELOPMENT APPLICATION – W & I KOCZA CONT’D

Figure 1.1 identifies the subject land.

Figure 1.1

M A N O C N - U R M E

S198 LM A R P I F169854 A105 O V E IN ER M Palmer ES R A DE R LA E I M DE -M F29485 A101 AN AL N P UN

E N

F29485 A102 E

C D13908 A111

F29485 A103 E

F29485 A104 F364 A46

DESCRIPTION OF PROPOSAL

A detached dwelling comprising three bedrooms and approximately 120m2 is proposed for establishment, to be sited centrally west of the allotment, some 100 metres from the road carriageway and south of stands of existing native vegetation.

The dwelling is to be accessed off Mine Road along the western boundary where access/egress to the carriageway is at the existing gate location.

It is stated that the remainder of the land shall be utilised for farming purposes where grazing activity shall continue.

Pending receipt of soil tests, effluent for the dwelling is proposed for disposal through a conventional waste control system however it must be noted that the proposed dwelling achieves a greater than 50 metre setback distance to a watercourse defined on a 1:50 000 topographic map.

DEVELOPMENT REPORT CONT’D

J. DEVELOPMENT APPLICATION – W & I KOCZA

REFERRALS

“The proposed dwellings would result in productive land being used for rural living. This is often a less productive use of land and not favoured by PIRSA.”

The advice of PIRSA is attached for members’ perusal to assist in formulating a position on the proposal.

PUBLIC NOTIFICATION

RELEVANT PROVISIONS OF THE DEVELOPMENT PLAN

MID MURRAY COUNCIL

COUNCIL WIDE

OBJECTIVES

Form of Development

Objectives 1, 2

Rural Development

Objectives 32, 33

Rural Living

Objective 34

Page 1341. 30/08/2004

DEVELOPMENT REPORT CONT’D

J. DEVELOPMENT APPLICATION – W & I KOCZA CONT’D

RURAL ZONE

OBJECTIVES

Built Form and Design

Objectives 19 and 20

PRINCIPLES OF DEVELOPMENT CONTROL

Form of Development

Principles 1

Built Form and Design

Principles 21, 22 and 23

Building Development

Principles 24 and 25

Separation Distance to Primary Production

Principle 29

HILLS POLICY AREA

OBJECTIVES

Objectives 1 and 2

PRINCIPLES OF DEVELOPMENT CONTROL

Principles 1, 2 and 3

ASSESSMENT

Page 1342. 30/08/2004 DEVELOPMENT REPORT CONT’D

J. DEVELOPMENT APPLICATION – W & I KOCZA CONT’D

Examining some of the critical development control provisions of the Development Plan, I draw members’ attention to Principle of Development Control 24 of the Rural Zone that states:

The subject land falls within the Hills Face precinct of the Hills Policy Area where allotments accommodating residential use are required to comprise 200ha. In this instance, Lot 104 comprises 30.08ha. This equates to a shortfall of some 170ha.

In addition to examining the DFC statement for the zone, one must also consider the DFC statement for the Hills Policy Area which reads:

“The following uses are unacceptable in that part of the Hills Policy Area defined in Figures HF(HPA)/1 to 5): • Buildings on allotments less than 200ha in size.”

Whilst the applicant contends the residence shall be an associated activity to an agricultural activity in grazing, I question the necessity in establishment of a dwelling to accommodate the land use. Grazing of stock is by no means an intensive form of land use and does not require a “caretakers residence” to manage the activity. Thus, I query whether in fact the proposal achieves compliance with the DFC statement for the zone in that the residential use associated with farming activity is not a necessary adjunct to the land. Page 1343. 30/08/2004

DEVELOPMENT REPORT CONT’D

J. DEVELOPMENT APPLICATION – W & I KOCZA CONT’D

Additionally, the establishment of such a land use in the heart of broad acre farming land only serves to heighten the conflict between rural and residential land usage. This point is raised within PIRSA’s correspondence where it is stated that:

“…dwellings located in the midst of farming land… (has) potential for conflict with agricultural activities on adjacent properties.”

The luxury of a 200ha allotment in this regard is that adequate buffer distances can be achieved between adjacent rural land uses and residential activity to ensure conflict does not arise. I would have grave fears in consenting to a new residential development on an allotment comprising less than the minimum development unit where there is a possibility for land use conflict in the future. Existing rural pursuits should be preserved and protected from encroachment of non-rural activity and it is for this reason alone, I conclude that departing from the Development Plan provisions in this regard is strongly opposed. The Development Plan speaks for promoting grazing and cropping activity, not hindering it through such development. Indeed, I draw Panel members’ attention to the issue of separation distances to primary production activity, and in particular, PDC 29 of the Rural Zone:

“Siting of dwellings should not limit the use for primary production which requires chemical spraying.”

Design technique 29.1 goes on to say that the recommended separation distance between a detached dwelling and primary production should be 300 metres. In this instance, the dwelling is to be sited well within this recommended buffer distance.

Objective 32 continues:

“Retention of rural areas for agricultural and pastoral purposes.”

The use of rural land for residential use should be discouraged because it…contributes to land use conflicts which has the affect of limiting the right to farm.

Unlike some previous proposals considered by the Panel, the locality does not display existing built form. In circumstances where existing built form does exist, there may be some merit to allowing additional residential activity to occur as it can be argued that the existing locality already impacts on neighbouring farmers’ right to conduct agricultural activity. However this proposal is for an isolated dwelling amongst a rural locality where its establishment may very well impact on adjoining landowners’ right to farm. Page 1344. 30/08/2004

DEVELOPMENT REPORT CONT’D

J. DEVELOPMENT APPLICATION – W & I KOCZA CONT’D

RECOMMENDATION: Moved ______, Seconded ______, “that pursuant to Section 33 (1)(a) of the Development Act, 1993 Provisional Development Plan Consent be refused to Development Application 711/50/04 due to the development application’s non- compliance with the following objectives and principle of development control as detailed in the Development Plan:

• Council Wide Objectives 2, 32, 33, 34 • Rural Zone Principles of Development Control 1, 24, 29 • Hills Policy Area Objective 1 • Hills Policy Area Principle of Development Control 1

Page 1345. 30/08/2004

DEVELOPMENT REPORT CONT’D

K. PANEL MEMBERSHIP

Reporting Officer: Kelvin Goldstone

Council will be finalising Panel membership, in terms of Community and Councillor representatives at a meeting to be held on 13th September 2004.

Panel appointments will take effect from that date consequently today’s meeting will be the last for current members.

A vote of thanks is forwarded to all members for their involvement and input to Panel deliberations over the past term.

For Information.