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Wattle Range Council WATTLE RANGE COUNCIL March 2017 To: His Worship the Mayor and Councillors From: Planning Officer For: Development Assessment Panel Development Application: 894/D012/16 Applicant: Cameron Lock Surveying Proposal: Conventional Land Division (two existing allotments to create three allotments) Subject Land: No. 43 Rivoli Drive, Beachport and Lot 14 Admella Drive, Beachport Nature of Proposal: Non-Complying Development Plan: Wattle Range Council (Consolidated – 07/02/2013) Zoning: Rural Living Zone, Precinct 18 (Beachport) Referrals DAC, SA Water SA Water Corporation Public Notification: Category 3 Key issues Allotments less than 1 hectare Recommendations Determined by Panel Purpose of Report The purpose of this report is to provide information to the Development Assessment Panel in order for a determination to be made on an Application for the proposed land division. Staff do not have delegated authority to determine the Application, as it comprises of a land division that is classed as non-complying. The land in question is zoned as Rural Living which requires a minimum land size of 10,000m2 and the proposed allotments are approximately 7000m2. As such, the Application is referred to the Development Assessment Panel for determination. In making its determination, the Panel is required to consider whether, on balance, the proposal is firstly seriously at variance with the Development Plan as a whole. If so, the Application must be refused consent pursuant to Section 35(2) of the Development Act 1993. If not, the Development Assessment Panel must go on to consider whether the proposal sufficiently accords with the Development Plan to merit consent. 1 Background 19/04/2015 – Land Division application lodged 01/06/2016 – Council resolved to proceed with the assessment of the application 25/05/2016 – SA Water referral response received 08/06/2016 – Development Assessment Commission referral response received 23/06/2016 – Category 3 Public Consultation commenced 12/07/2016 – Category 3 Public Consultation ended with one representations received 22/08/2016 – Decision made to refer application to Development Assessment Panel 28/9/2016 – Development Assessment Panel refuse approval due to concerns regarding potential site contamination 09/02/2017 – A new Statement of Effect submitted including a site contamination report Site specifics and details See attachment A for maps The allotment located at No. 43 Rivoli Drive features a three-storey detached dwelling, a detached ‘commercial’ sized shed, a detached domestic shed, and a small outbuilding sighted to the rear boundary of the property. The existing allotment has vehicle access from Rivoli Drive and secondary access from Admella Drive. The existing allotment is primarily open with natural vegetation bordering the allotment along the respective road frontages. Land levels rise gently toward the middle of the allotment when viewed from Admella Drive. The adjoining allotment located at Lot 14 Admella Drive is currently vacant undeveloped land and is characterised by a gentle formation of undulant terrain. The allotment features a blend of natural vegetation along the southern and western boundaries. The allotment has existing vehicle access from Admella Drive. Site zoning and land use The subject allotments are located within the Rural Living Zone and within Precinct 18 (Beachport). Currently there are numerous allotments of land for sale in the ‘Muggleton’ area of Beachport with many land parcels complying with the minimum 1 Ha size requirement. The surrounding area presents a low density semi-rural residential character which consists of a gentle pattern of detached dwellings and domestic structures located on spacious plots. Proposal in Detail This development application is seeking development plan consent for a land division over two existing allotments located at Lot No. 13, No. 43 Rivoli Drive, Beachport (C/T Ref 5864/196), and Lot 14 Admella Drive, Beachport (C/T Ref 5864/197). The division proposes the creation of three allotments from two existing allotments, to form one additional allotment. The subject land is located within a Rural Living Zone and within Precinct 18 (Beachport). The two existing allotments are characterised by gently undulating terrain, covering an area of 1.026 ha (10,260 m²), and 1.096 ha (10,960 m²). In combination, the existing allotments form an aggregate area of 2.122 ha (21.220 m²). The three proposed allotments would have site areas forming 7,039 m², 7,063 m², and 7,119 m². 2 The subject land is located in the Rural Living Zone and Precinct 18 (Beachport), and a land division comprising allotments of an area less than 1 hectare (10,000 m²) is a ‘non-complying’ form of development. There is no reticulated water supply or community wastewater management scheme (CWMS) servicing the allotments in the Beachport Rural Living Zone. The surrounding dwellings in this zone are serviced by bore and rainwater supplies or aerobic wastewater facilities. Access to the proposed allotments is to be gained from Rivoli Drive and Admella Drive. TABLE 1: DEVELOPMENT DATA: Consideration Proposed land division Development Plan Merit Assessment Quantitative Guideline Site Area Each allotment approx. 7000m2 1 Ha/10,000m2 (Rural Living Zone) Each allotment approx. 60m (variations from front width to back Allotment Width width due to allotment shape) N/A Allotment Depth Each allotment approx. 100m N/A External Wall Height* N/A N/A Maximum Overall Height N/A N/A (to roof apex)* Floor Area (including N/A N/A garage, and alfresco) Site Coverage N/A N/A Private Open Space N/A N/A Street Set-back N/A N/A Flank Set-backs N/A N/A N/A Rear Set-back N/A N/A Car Parking Provision N/A N/A Relevant Planning History 29/2/2012 – Domestic Shed development approval 10/11/2005 – Shed development approval 24/10/2005 – 2 storey dwelling approval 19/04/2015 – Land Division application lodged 28/9/2016 - Development Assessment Panel refuse approval due to concerns regarding potential site contamination 3 Public Notification See attachments C for details Category 3 Public Consultation was conducted from the 15/02/2017 to the 09/03/2017 and no representations were received. State Agency Consultation Pursuant to Schedule 8 of the Development Regulations 2008, referrals were made to the Development Assessment Commission (DAC), and SA Water. Internally, Council’s Engineering Department provided advice in relation to driveway access, and stormwater disposal. Development Plan Assessment Pursuant to Section 35 (3) of the Development Act 1993, the development is considered a Non- Complying form of development and therefore if granted Development Plan Consent, the concurrence of the Development Assessment Commission is required. The most relevant provisions applicable to this application encompass the following: Zoning The subject allotments are located within the Rural Living Zone and within Precinct 18 (Beachport) as per ‘Zone Map WatR/21’. The subject land is located within a Rural Living Zone and Precinct 18 as per Zone Map WatR/21. Land Division in the Rural Living Zone and Precinct 18 (Beachport) requires that allotments shall be of an area that is not less than one hectare. The three proposed allotments would have site areas forming 7,039 m², 7,063 m², and 7,119 m², each allotment of which would be under one hectare. The average width of each proposed allotment would not be less than 60 percent of the average depth, and would therefore be in accordance with PDC 12 (b) of the Rural Living Zone and Precinct 18. The proposed allotments being around 7000m2 in size each therefore is considered to be at variance. Site Contamination During the previous application for a land division, council had concerns regarding potential site contamination arising from the burial of materials (namely building materials) on the property. The subject land has a history of being used as a landfill site being backfilled with building material. The contents of the backfill cannot be 100% verified but it is known to include concrete, steel, plastic, timber, whitegoods and building materials. The owner has signed a Statutory Declaration stating the nature of the waste and that he has removed the waste. 4 During the previous DAP meeting to consider the land division (28/9/17), DAP also agreed this was a concern and without a formal site contamination assessment, it could not be confident there no risk to the land or future residents. As there was no certain way to determine the nature, level and current risk of any contamination present on the site, a preliminary site assessment was recommended to the applicant as a means of determining the level of contamination, if any. A preliminary site investigation was conducted by Tonkin Consulting in December 2016 which concluded that there was no asbestos material present on the site and it did not identify any other potential sources of contamination that would preclude the future use of the site for rural living. Therefore the issue of site contamination has been resolved and cannot be raised as an objection to this current development proposal by DAP. Summary The proposed land division does not comply with the Council Development Plan in regards to minimum land size requirements for the zoning in this area. The proposed allotments are short of the requirement of 10,000m2 by approximately 3000m2 per proposed allotment. There is also numerous complying options for vacant land in the area along Ringwood Drive, Burkes Island Road and other areas within Muggleton. Many of these allotments have been on the market for several years and are selling very slowly with little demand. There is also a risk of setting a precedent where an approval of this application may encourage other land owners to submit land division applications that are non-compliant in regards to required minimum land size. However it can be argued that there is a shortage of land sizes between 1000m2 and 10,000m2 within the Beachport area and the proposed allotments may cater for this demand and provide more variety of land stock.
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