DEVELOPMENT ASSESSMENT PANEL

Minutes

Meeting held in the Council Chambers, Main Street, Cambrai

Monday 29 August 2005, 10.00am

1. PRESENT

IR Mann OAM (Presiding Member), DT Townsend, DJ Burgess, R Dawkins, PA Campbell, R Mead and RS Bourne (from 10.04am)

2. IN ATTENDANCE

Mr KL Goldstone, Environmental Services Manager Mr JC Miller, Senior Development Officer – Planning Mr GD Parsons, Development Officer - Planning

3. COMMENCEMENT AND WELCOME 10.00AM

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

4. APOLOGIES Were received from HE Knipe and BJ Taylor.

1722/1 D Townsend moved that the apologies be received. Seconded R Mead. CARRIED.

5. CONFIRMATION OF PREVIOUS MINUTES

(Page 1686 – 27/6/2005)

1722/2 P Campbell moved that the minutes of the Mid Murray Council Development Assessment Panel Meeting held on 27 June 2005 be taken as read and confirmed. Seconded D Burgess. CARRIED.

6. DEVELOPMENT REPORT

1722/3 D Burgess moved that the report be received. Seconded R Mead. CARRIED.

Development Assessment Panel 1722 Minutes 29 August 2005 MID MURRAY COUNCIL

6. DEVELOPMENT REPORT CONT’D

BUSINESS ARISING FROM REPORT

6.8 Development Application 711/214/05 – C Dean

10.18 AM Mr Neil & Mrs Jennifer Zimmermann, representor, addressed the Panel in relation to Development Application 711/214/05.

10.26 AM Mr & Mrs Zimmermann retired to the gallery.

10.27 AM Mr Greg Schultz, representor, addressed the Panel in relation to Development Application 711/214/05.

10.33 AM Mr Schultz retired to the gallery.

10.34 AM Mr Cleve Dean & Ms Maria Scheirich, applicants, addressed the Panel in relation to Development Application 711/214/05.

10.37 AM Mr Dean & Ms Scheirich retired to the gallery.

1723/1 P Campbell moved that pursuant to Section 33 (1)(a) of the Development Act, 1993 Provisional Development Plan Consent be refused to Development Application 711/214/05 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; • Murray Plains Policy Area Objective 1.

Seconded D Burgess. CARRIED.

6.9 Development Application 711/215/05 – C Dean

1723/2 P Campbell moved that pursuant to Section 33 (1)(a) of the Development Act, 1993 Provisional Development Plan Consent be refused to Development Application 711/215/05 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; • Murray Plains Policy Area Objective 1.

Seconded D Burgess. CARRIED.

Development Assessment Panel 1723 Minutes 29 August 2005 MID MURRAY COUNCIL

6. DEVELOPMENT REPORT CONT’D

6.10 Development Applications 710/1098/97 & 711/251/00 – CA Verran

10.42 AM Ms Chris Verran, applicant, addressed the Panel in relation to Development Applications 710/1098/97 & 711/251/00.

10.46 AM Ms Verran retired to the gallery.

1724/1 R Dawkins moved that Council’s Development Assessment Panel advise Ms Verran that Council will not insist on a fresh development application being submitted to formalise works undertaken and that Ms Verran be advised to commence operations in strict accordance with the conditions attached to Development Approval 710/1098/97 and 711/251/00 by 31 December 2005. Seconded R Mead. CARRIED.

6.11 Development Application 711/129/05 – S & D Butler

10.48 AM Ms Deb Butler, applicant, addressed the Panel in relation to Development Application 711/129/05.

10.51 AM Ms Butler retired to the gallery.

1724/2 D Burgess moved that Provisional Development Plan Consent be granted to Development Application 711/129/05, subject to the following conditions and notations:-

Conditions as imposed by Council

a) The development shall be carried out in accordance with the details and plans submitted with the application, other than where required to be varied by the following conditions.

b) The applicant is advised that no more than 100mm of topsoil is to be used on the riverbank for the purposes of creating a lawn area.

c) It has been indicated by the applicant that is their intention to use sandbags to prevent further bank erosion. Should this be the cause, the applicant is advised to limit sandbagging to one layer and that it should not extend past the existing concrete wall of sleepers that protrude into the river.

Development Assessment Panel 1724 Minutes 29 August 2005 MID MURRAY COUNCIL

6. DEVELOPMENT REPORT CONT’D

6.11 Development Application 711/129/05 – S & D Butler cont’d

Condition as imposed by the Department of Water, Land and Biodiversity Conservation

a) The applicant must not use concrete sleepers in further construction on the riverbank at this site as suggested by this application. Concrete sleepers are not a desirable method to create a landing or stabilise the bank as they reflect wave energy rather than absorb it encouraging further erosion and do not support natural bank stabilisation, which can be achieved through the establishment of native vegetation.

Notations as imposed by Council

a) The applicant is reminded that all conditions and notations attached to the approval issued for development application 711/338/03 remain valid.

b) This approval does not imply compliance with the Electricity Trust of Act 1946 (as amended), or the Regulations thereunder. It is the responsibility of the owner and the person undertaking development to ensure compliance with the same.

You are advised to contact appropriate authorities including ETSA, Telstra and SA Water in relation to the location of supply lines and other requirements prior to commencing work.

c) Development Approval Required

This approval refers only to Provisional Development Plan Consent. Provisional Building Rules Consent and Development Approval must be obtained prior to commencement of work.

d) Consent Valid 36 Months

If substantial work on the development is not commenced within twelve months of the date of this consent, or substantially completed within thirty- six months of the date of this consent, a fresh consent must be obtained.

e) The Council also advises that the proposed development will be located within the “River Murray Floodplain” which is subject to periodic flooding, which may cause extensive or total loss. Neither the Council or any of its Servants, Agents or Officers accept any responsibility for any such loss which may occur. Any conditions are imposed so as to maintain the natural character of the River Valley and to attain the Objectives of the River Murray Zone.

Development Assessment Panel 1725 Minutes 29 August 2005 MID MURRAY COUNCIL

6. DEVELOPMENT REPORT CONT’D

6.11 Development Application 711/129/05 – S & D Butler cont’d

Notations as imposed by the Department of Water, Land and Biodiversity Conservation

a) The query as to definitions relating to the development application is as follows. The Macquarie Dictionary 2003 On-line Edition defines Mooring as something by which a ship or the like is moored, as a cable, line, etc. and mooring (plural) as the place where a vessel is or may be moored.

Landing on the other hand is a place where person or goods are landed, as from a ship. It also refers to architecture; a. the floor at the head or foot of a flight of stairs. b. a platform between flights of stairs.

General usage for a landing in reference to the river therefore is the platform between the land and the vessel, which could be also referred to as a pier, wharf, jetty or dock.

b) The applicant is advised that no more than 100mm of topsoil is to be used on the riverbank for the purposes of creating a lawn area.

c) It has been indicated by the applicant that is their intention to use sandbags to prevent further bank erosion. Should this be the cause, the applicant is advised to limit sandbagging to one layer and that it should not extend past the existing concrete wall of sleepers that protrude into the river.

d) The applicant is advised to consider a new product called Soft Rock if bank erosion is still an issue on the site. This product is made of a manufactured geotextile material designed to be long lasting and durable. The containers can be filled with soil or sand and covered in soil to encourage the establishment of riverbank vegetation. Soft Rock is designed to absorb wave energy as opposed to concrete blocks that reflect wave energy, making Soft Rock a better option for the health of the River Murray.

Included is a copy of their brochure that I hope you will take the time to read and consider. A contact number is highlighted on the last page should you have any further questions regarding the product.

e) The applicant is advised of their general duty of care to take all reasonable measures to prevent any harm to the River Murray through his or her actions or activities.

Seconded R Bourne.

10.56 AM The meeting adjourned for a break.

11.08 AM The meeting resumed.

Development Assessment Panel 1726 Minutes 29 August 2005 MID MURRAY COUNCIL

6. DEVELOPMENT REPORT CONT’D

6.12 Development Application 711/146/05 – Bell Design & Planning

11.08 AM Mrs Kristy Sherwood, applicant, addressed the Panel in relation to Development Application 711/146/05.

11.20 AM Mrs Sherwood retired to the gallery.

Advice from Transport SA was distributed to all members.

1727/1 R Dawkins moved that the late correspondence from Transport SA be received. Seconded R Mead. CARRIED.

1727/2 R Bourne moved that Council staff be authorised to approve under delegated authority (including the attachment of relevant conditions) Development Application 711/146/05 – Bell Design & Planning subject to the provision of certification from a suitably qualified engineer that demonstrates the proposed dwelling will be sited/constructed in a manner as to prevent inundation by flood waters. Seconded R Mead. CARRIED.

6.13 Development Application 711/212/04 – BJ Carter

1727/3 R Dawkins moved that the applicant be advised that the channel be reinstated in the manner outlined in correspondence dated 23 May 2005, authored by Ferrier Hodgson. Seconded P Campbell. CARRIED.

7. LATE CORRESPONDENCE

Nil.

8. OTHER BUSINESS

Land Division Application 711/D517/03 – P Edwards

Requesting an extension of time.

1727/4 D Burgess moved that a twelve month extension of time be granted to Land Division Application 711/D517/03. Seconded D Townsend. CARRIED.

Development Assessment Panel 1727 Minutes 29 August 2005 MID MURRAY COUNCIL

8. OTHER BUSINESS

Unlawful Development

1728/1 D Burgess moved that the Development Assessment Panel recommend to Council that:-

(i) in relation to Development Application 711/129/05 S & D Butler, correspondence be forwarded to Mr & Mrs Butler advising that future instances of illegal development will result in appropriate enforcement action being taken; (ii) that correspondence be forwarded to Planning SA and the Minister for Planning & Urban Development suggesting allowances should be made within legislation to apply penalties/additional fees for retrospective applications.

Seconded R Mead. CARRIED.

9. NEXT MEETING

To be held in the Council Chambers, Main Street, Cambrai on Monday, 26 September 2005, commencing at 10.00am.

10. CLOSURE

Being the last meeting of the current Development Assessment Panel, the Presiding Member thanked all members for their input especially retiring members Peter Campbell and Robin Bourne.

11.45 AM The Presiding Member declared the meeting closed.

……………………………………… PRESIDING MEMBER

……………………………………… DATE

Development Assessment Panel 1728 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/288/05 Date Received 16.06.2005 Name G Payne Description Dwelling Extensions Location Lot 2 of D17186, Hoads Quarry Road,

Development No. 711/289/05 Date Received 15.06.2005 Name TJW & LE Gould Description Boat Shed Location Lot 37, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley

Development No. 711/290/05 Date Received 16.06.2005 Name TS Browne Description Shed Extension Location Lot 6 of D54187, Government Road, Hundred of Younghusband

Development No. 711/291/05 Date Received 15.06.2005 Name PG Hunter Description Dwelling Location Lot 225, 4 Rider Street, Blanchetown, Hundred of Skurray

Development No. 711/292/05 Date Received 16.06.2005 Name RN Papps Description Verandah Location Lots A & B, Part Section 146, Purnong Road, Hundred of Finniss

Development No. 711/293/05 Date Received 16.06.2005 Name River Gum Homes Pty Ltd Description Dwelling Location Lot 263, 11 Acland Street, Blanchetown, Hundred of Skurray

Development No. 711/294/05 Date Received 16.06.2005 Name System Built Homes Description Dwelling, Verandah & Carport Location Lot 82 of D7839, Ramm Road, Hundred of Finniss

Development No. 711/295/05 Date Received 16.06.2005 Name JK & ET Doidge Description Verandah Location Lot 2 of F139, Part Section 238, Mannum-Sedan Road, Hundred of Finniss

Development No. 711/296/05 Date Received 17.06.2005 Name J Russo Description Shed & Verandah Location Lot 6a, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley

Development Assessment Panel 1729 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/297/05 Date Received 17.06.2005 Name Mortow (No. 46) Pty Ltd Description Upgrade of Existing Floating Landing Location Lot 9 of D57490, Government Road, Hundred of Stuart

Development No. 711/298/05 Date Received 20.06.2005 Name RE Storr Description Replacement Jetty/Landing Location Site 35, Lot 84 of D49431, Khartoum Road, Bolto Reserve, Hundred of Younghusband

Development No. 711/299/05 Date Received 17.06.2005 Name River Gum Homes Pty Ltd Description Dwelling Location Lot 10 of D54791, Piece 73, Government Road, Hundred of Younghusband

Development No. 711/301/05 Date Received 21.06.2005 Name RD & RJ Greatorex Description Dwelling Additions Location Lot 101 of F171194, Part Section 223, 122 Adelaide Road, Mannum, Hundred of Finniss

Development No. 711/302/05 Date Received 21.06.2005 Name SJ Wuttke Description Garage, Storage Area & Wet Area Location Lot 15 of D50912, River Reserve Road, Swan Reach, Hundred of Nildottie

Development No. 711/303/05 Date Received 20.06.2005 Name GI & GL Rogers Description Garage Location Lot 1 of F157760, Adelaide-Mannum Road, Hundred of Tungkillo

Development No. 711/304/05 Date Received 20.06.2005 Name S & Z Jordan Description Garage Location Lot 90, 14-16 Egerton Street, Blanchetown, Hundred of Skurray

Development No. 711/305/05 Date Received 21.06.2005 Name Longridge Sarah Housing Group Pty Ltd Description Dwelling Location Lot 30 of D61273, Part Section 40, Chucka Bend Road, Bowhill, Hundred of Bowhill

Development No. 711/306/05 Date Received 22.06.2005 Name G Murphy Description Garage Location Lot 9a, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley

Development Assessment Panel 1730 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/307/05 Date Received 22.06.2005 Name RW & K Shulver Description Dwelling (i) Location Part Allotment N, Lot 47, 24 Randall Street, Mannum, Hundred of Finniss

Development No. 711/308/05 Date Received 22.06.2005 Name RW & K Shulver Description Dwelling (ii) Location Part Allotment N, Lot 47, 24 Randall Street, Mannum, Hundred of Finniss

Development No. 711/309/05 Date Received 23.06.2005 Name JR Rattley Description Dwelling Additions Location Section 180, Dettloff Road, Forster, Hundred of Forster

Development No. 711/310/05 Date Received 23.06.2005 Name MT McCardle Description Shed Location Lot 65 of D53187, Punyelroo Road, Punyelroo, Hundred of Fisher

Development No. 711/311/05 Date Received 24.06.2005 Name S & JL Whitington Description Dwelling Location Lot 299 of 31031, Nildottie Road, Nildottie, Hundred of Nildottie

Development No. 711/312/05 Date Received 24.06.2005 Name DL Burt Description Pontoon Location Lot 5 of DP35935, Section 87, Government Road, Hundred of Stuart

Development No. 711/313/05 Date Received 24.06.2005 Name A Black Description Garage Location Section 728, East Front Road, Hundred of Younghusband

Development No. 711/314/05 Date Received 27.06.2005 Name D & L Oxton Description Garage Location Lot 113 of F214907, Part Section 322, Government Road, Caloote, Hundred of Finniss

Development No. 711/315/05 Date Received 27.06.2005 Name J Reiss Description Storage Shed Location Section 269, Government Road, Hundred of Eba

Development Assessment Panel 1731 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/316/05 Date Received 27.06.2005 Name G McVicar Description Dwelling Location Part Allotment 4, Lot 105, Section 226, Government Road, Brenda Park, Hundred of Eba

Development No. 711/317/05 Date Received 24.06.2005 Name ST & A Cheriton Description Boat Shed Location Lot 23 of D1775, 5 Asmus Street, Mannum, Hundred of Finniss

Development No. 711/318/05 Date Received 28.06.2005 Name Dahlitz Constructions Description Extension to Dwelling & Shed Location Lot 50 of D29671, 5-7 Anzac Avenue, Swan Reach, Hundred of Nildottie

Development No. 711/319/05 Date Received 28.06.2005 Name G & F Schmidt Description Demolition of Dwelling and Construction of New Dwelling Location Lot 83 of D62821, Nathaniel Place, Bowhill, Hundred of Younghusband

Development No. 711/320/05 Date Received 20.06.2005 Name C McLean Description Reinstate Boat Ramp; Retaining Wall and Associated Cut & Fill; Replacement Jetty; and Removal of Trees Location Lot 119 of F100107, Section 219, Government Road, Scotts Creek, Hundred of Eba

Development No. 711/321/05 Date Received 29.06.2005 Name S Leahy Description Dwelling Addition, Pergola & Garage Location Lot 449 of F208825, 12 William Street, Mannum, Hundred of Finniss

Development No. 711/322/05 Date Received 29.06.2005 Name R Pomery Description Shed Location Section 358, Government Road, Hundred of Eba

Development No. 711/323/05 Date Received 30.06.2005 Name J Buick Description Carport Location Lot 422 of CSS536, 1 Brooks Street, Mannum, Hundred of Finniss

Development No. 711/324/05 Date Received 30.06.2005 Name J Buick Description Carport Location Lot 423 of C22536, 3 Brooks Street, Mannum, Hundred of Finniss

Development Assessment Panel 1732 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/325/05 Date Received 29.06.2005 Name Longridge Sarah Housing Group Pty Ltd Description Dwelling Location Lot 61 of D62821, Schmidt Lane, Bowhill, Hundred of Younghusband

Development No. 711/326/05 Date Received 29.06.2005 Name JG & JC Henderson Description Shed Location Lot 102 of F29485, Part Section 960, Palmer Hill Road, Hundred of Tungkillo

Development No. 711/327/05 Date Received 24.06.2005 Name A & T David Description Garage Location Lot 94 of F170856, Sunset Boulevard, Blanchetown, Hundred of Skurray

Development No. 711/328/05 Date Received 30.06.2005 Name DA & HJ Buck Description Dwelling Extension Location Lot 97 of D62821, Providence Drive, Bowhill, Hundred of Younghusband

Development No. 711/329/05 Date Received 30.06.2005 Name KS & ML Hillyard Description Second Hand Transportable Location Lot 97, 18 North West Terrace, Morgan, Hundred of Eba

Development No. 711/330/05 Date Received 01.07.2005 Name M Walker Description Verandah Extension Location Site 122, Part Piece 233 of D61757, Providence Drive, Hundred of Younghusband

Development No. 711/331/05 Date Received 01.07.2005 Name S & T Wenn Description Dwelling & Shed Location Section 482, Dabinett Road, Cowirra, Hundred of Younghusband

Development No. 711/332/05 Date Received 04.07.2005 Name MA & KA Schache Description Storage Shed Location Lot 49 of F218712, Greenshields Road, Hundred of Younghusband

Development No. 711/333/05 Date Received 04.07.2005 Name PC Hoff Description Farming Shed Location Lot 1 of F161003, Pebbly Range Road, Tungkillo, Hundred of Tungkillo

Development Assessment Panel 1733 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/335/05 Date Received 06.07.2005 Name R Mabey Description Garage Location Lot 153 of F177359, Adams Street, Blanchetown, Hundred of Skurray

Development No. 711/336/05 Date Received 06.07.2005 Name DJ Rothall Description Shed Location Lot 7 of F8787, Strachans Road, Springton, Hundred of Jutland

Development No. 711/337/05 Date Received 04.07.2005 Name M Bond Description Shed Location Lot 7 of D54900, Section 280, Greenways Landing Shack Road, Greenways Landing, Hundred of Nildottie

Development No. 711/338/05 Date Received 08.07.2005 Name Adze Character Description Dwelling & Shed Location Lot 64 of D46119, Murray Street, Caloote, Hundred of Finniss

Development No. 711/339/05 Date Received 08.07.2005 Name WD Lodge Description Dwelling Extension Location Lot 31, Part Section 124, Langs Landing Road, Langs Landing, Hundred of Fisher

Development No. 711/340/05 Date Received 08.07.2005 Name R Dixon Description Shed Location Piece 11 of D61487, Mackintosh Road, Cadell, Hundred of Cadell

Development No. 711/341/05 Date Received 08.07.2005 Name P & J Knifton Description Landing & Retaining Wall Location Part Allotment 1, Lot 26 of F130578, Section 239, Government Road, Beaumont Subdivision, Hundred of Cadell

Development No. 711/342/05 Date Received 30.06.2005 Name S Schirmer Description Garage Location Section 164, Government Road, Cambrai, Hundred of Angas

Development No. 711/343/05 Date Received 07.07.2005 Name Construction Services Australia Pty Ltd Description Dwelling Location Lot 202 of D4702, Crawford Crescent, Mannum, Hundred of Finniss

Development Assessment Panel 1734 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/344/05 Date Received 08.07.2005 Name GP & AJ Rogers Description Garage Location Lot 1A, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley

Development No. 711/345/05 Date Received 29.06.2005 Name M & S Dalton Description Extension of Time for Development Application 711/239/04 Location Lot 22 of D58666, Greenshields Road, Hundred of Younghusband

Development No. 711/346/05 Date Received 12.07.2005 Name C Meulengraaf Description Shed Location Lot 5 of D9166, 1 Banks Street, Mannum, Hundred of Finniss

Development No. 711/347/05 Date Received 13.07.2005 Name A Cosgrove Description Retaining wall Location Lot 10 of FP106987, Section 238, Government Road, Morphett Flat, Hundred of Eba

Development No. 711/348/05 Date Received 11.07.2005 Name R Gray Description Demolition of Dwelling & Construction of New Dwelling Location Part Allotment 2, Lot 41 of F8274, Section 231, Government Road, Brenda Park Hundred of Eba

Development No. 711/349/05 Date Received 12.07.2005 Name I & R Paull Description Shed Location Lot 91 of F203, South Punyelroo Shack Road, South Punyelroo, Hundred of Fisher

Development No. 711/350/05 Date Received 12.07.2005 Name Selecta Homes Pty Ltd Description Transportable Dwelling Location Lot 220, 13 Egerton Street, Blanchetown, Hundred of Skurray

Development No. 711/351/05 Date Received 13.07.2005 Name V Lindenthal Description Garage Location Piece 102 of D50868, Section 133, Redbanks Road, Cambrai, Hundred of Angas

Development No. 711/352/05 Date Received 13.07.2005 Name Rossdale Homes Pty Ltd Description Dwelling & Garage Location Lot 23 of D48505, Railway Terrace, Truro, Hundred of Jellicoe

Development Assessment Panel 1735 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/353/05 Date Received 15.07.2005 Name Tabe Cheriton Auto Centre Description Motor Repair Station Location Lots 67 & 8 of D5637, 50 Adelaide Road, Mannum, Hundred of Finniss

Development No. 711/354/05 Date Received 15.07.2005 Name W Faehrmann Description Change of Land Use Location Lot 53 of DP45403, Male Road, Mannum, Hundred of Finniss

Development No. 711/355/05 Date Received 15.07.2005 Name Longridge Sarah Housing Group Pty Ltd Description Dwelling Location Lot 32 of D67, 41 Memorial Drive, Tungkillo, Hundred of Tungkillo

Development No. 711/356/05 Date Received 19.07.2005 Name A & D Wilson Description Hay Shed Location Lot 1 of F160977, Redbanks Road, Cambrai, Hundred of Angas

Development No. 711/357/05 Date Received 20.07.2005 Name In & Out Living Description Roof for Existing Pergola Location Lot 11 of F107199, 15 Esplanade, Mannum, Hundred of Finniss

Development No. 711/358/05 Date Received 15.07.2005 Name Selecta Homes Description Dwelling Location Lot 82 of D7839, Ramm Road, Mannum, Hundred of Finniss

Development No. 711/359/05 Date Received 19.07.2005 Name MHM Murray Pty Ltd Description Fuel Bowser & Pumps Location Lot 101 of D43069, East Front Road, Younghusband, Hundred of Younghusband

Development No. 711/360/05 Date Received 20.07.2005 Name All Steel Transportables Description Dwelling Location Lot 50 of D67, 1 Memorial Drive, Tungkillo, Hundred of Tungkillo

Development No. 711/361/05 Date Received 04.07.2005 Name M & J Mitchell Description Car Shed & Carport Location Lot 89 of D8460, 22 Charles Street, Mannum, Hundred of Finniss

Development Assessment Panel 1736 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/362/05 Date Received 20.07.2005 Name Sterling Homes Pty Ltd Description Dwelling Location Lot 82 of D7839, Ramm Road, Mannum, Hundred of Finniss

Development No. 711/363/05 Date Received 13.07.2005 Name GI & GL Rogers Description Dwelling Location Lot 1 of F157760, Cemetery Road, Tungkillo, Hundred of Tungkillo

Development No. 711/364/05 Date Received 21.07.2005 Name S Rowe Description Shed Location Part Allotment 2, Lot 46 of F8274, Government Road, Brenda Park, Hundred of Eba

Development No. 711/366/05 Date Received 25.07.2005 Name C Launer Description Residential Shed Location Lot 42 of 1488, Part Section 136, Government Road, Pipeline Subdivision, Hundred of Fisher

Development No. 711/367/05 Date Received 25.07.2005 Name MW Rosenzweig Description Shed Location Section 254 of F120200, Blanchetown Road, Sedan, Hundred of Bagot

Development No. 711/368/05 Date Received 26.07.2005 Name All Steel Transportable Homes Description Dwelling Location Lot 45, 35 Egerton Street, Blanchetown, Hundred of Skurray

Development No. 711/369/05 Date Received 27.07.2005 Name D & C Evans Description Garage Location Lot 11 of D193, 25 Adelaide Road, Tungkillo, Hundred of Tungkillo

Development No. 711/370/05 Date Received 27.07.2005 Name Barossa Garages Home Improvements Description Verandah Location Lot 2 of F105380, 41 Moorundie Street, Truro, Hundred of Jellicoe

Development No. 711/371/05 Date Received 27.07.2005 Name A Thomas Description Retaining Wall Location Lot 6 of D1407, 56 River Lane, Mannum, Hundred of Finniss

Development Assessment Panel 1737 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/372/05 Date Received 27.07.2005 Name M Flower Description Garage & Carport Location Lot 9 of D32886, 82 Mannum Purnong Road, Caurnamont, Hundred of Ridley

Development No. 711/373/05 Date Received 01.08.2005 Name R Manno & G Summers Description Building Extension Location Lot 101 of 38178, Section 833, Towitta School Road, Towitta, Hundred of Jellicoe

Development No. 711/374/05 Date Received 28.07.2005 Name M Kraulis Description Demolition of Dwelling Location Site 7, Lot 7 of D52017, Section 799, Caloote Reserve, Caloote, Hundred of Finniss

Development No. 711/375/05 Date Received 27.07.2005 Name Selecta Homes Pty Ltd Description Transportable Dwelling Location Lot 260 of F17009, Cemetary Road, Sanderston, Hundred of Angas

Development No. 711/376/05 Date Received 02.08.2005 Name M Gowling Description Jetty Replacement Location Lot 17 of D53312, Goverment Road, Younghusband, Hundred of Younghusband

Development No. 711/377/05 Date Received 01.08.2005 Name Mid Murray Council Description Park Shelter Location Lot 523, 245 Government Road, Morgan, Hundred of Eba

Development No. 711/378/05 Date Received 29.07.2005 Name Rivergum Homes Pty Ltd Description Dwelling Location Lot 7 of D52017, Section 799, 7 Caloote Reserve, Caloote, Hundred of Finniss

Development No. 711/379/05 Date Received 02.08.2005 Name DN & DL Hartman Description Boat/Storage Shed Location Lot 86 of D53187, Section 179, Pelde Street, North Punyelroo, Hundred of Fisher

Development No. 711/380/05 Date Received 03.08.2005 Name R Holland Description Stock Pump Location Lot 3 of D27365, Section 87, Government Road, Hundred of Stuart

Development Assessment Panel 1738 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/381/05 Date Received 03.08.2005 Name Routleff Homes Description Dwelling Location Part Allotment 14, Lot 58 of F203, South Punyelroo Shack Road, South Punyelroo, Hundred of Fisher

Development No. 711/382/05 Date Received 08.08.2005 Name P Lume Description Storage Shed Location Lot 1 of D835, 73 Cliff Street, Mannum, Hundred of Finniss

Development No. 711/383/05 Date Received 08.08.2005 Name R Justice Description Dwelling Location Section 272, Big Bend Reserve Shack Road, Big Bend, Hundred of Nildottie

Development No. 711/384/05 Date Received 08.08.2005 Name D Wilson Description Carport Location Lot 18 of D5840, 53 Crawford Crescent, Mannum, Hundred of Finniss

Development No. 711/385/05 Date Received 09.08.2005 Name GT & DM Reynolds Description Verandah Location Site 9, Lot 58 of D49431, Section 928, 9 Khartoum Road, Bolto Reserve, Hundred of Younghusband

Development No. 711/386/05 Date Received 08.08.2005 Name Barossa Garages & Home Improvements Description Carport Location Section 274, Sturt Highway, Hundred of Anna

Development No. 711/387/05 Date Received 08.08.2005 Name S Lang Description Dwelling & Shed Location Lot 1 of D22292, Section 181, Diagonal Road, Hundred of Anna

Development No. 711/388/05 Date Received 08.08.2005 Name RK Leslie Description Farm Implement Shed Location Section 498, Flood Road, Mannum, Hundred of Finniss

Development No. 711/389/05 Date Received 10.08.2005 Name Rivergum Homes Pty Ltd Description Dwelling Location Lot 119 of F100107, Section 219, Goverment Road, Scotts Creek, Hundred of Eba

Development Assessment Panel 1739 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.1 DEVELOPMENT APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/390/05 Date Received 10.08.2005 Name Longridge Sarah Housing Group Pty Ltd Description Dwelling Location Lot 10 of D56261, McPhee Avenue, Blanchetown, Hundred of Skurray

Development No. 711/391/05 Date Received 10.08.2005 Name Valley Sheds Description Shed for Boat Storage Location Lot 8 of FP104790, Section 515/516, Government Road, Hundred of Hay

Development No. 711/392/05 Date Received 11.08.2005 Name Solatec Pty Ltd Description Verandah Location Lot of 129 of F166944, Murray Bridge Road, Tepko, Hundred of Tungkillo

Development No. 711/395/05 Date Received 12.08.2005 Name J & J Cook Description Dwelling Extensions Location Section 933, Goverment Road, Zadows Landing, Hundred of Finniss

Development No. 711/396/05 Date Received 12.08.2005 Name R Rismondo Description Shed Location Part Allotment 2, Lot 187 of F100107, Section 217/218, Government Road, Scotts Creek, Hundred of Eba

Development No. 711/397/05 Date Received 12.08.2005 Name S Highet & I Dibartolo Description Jetty Location Lot 65 of D62821, Providence Drive, Hundred of Younghusband

Development No. 711/399/05 Date Received 16.08.2005 Name BJ & CM Leaney Description Second Hand Shed Location Section 150, Government Road, Hundred of Eba

Development Assessment Panel 1740 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.2 LAND DIVISION APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/C008/05 Date Received 26.07.2005 Name T Treadwell Description Community Land Division - Creation of three additional allotments Location Lot 4 of D1943, 7 Boomerang Avenue, Mannum, Hundred of Finniss

Development No. 711/C022/05 Date Received 12.07.2005 Name C Need Description Land Division - Creation of seven allotments Location Lot 8 of F104790, Section 515/16, Goverment Road, Hundred of Hay

Development No. 711/D013/05 Date Received 24.06.2005 Name SJ & TD Strauss Description Land Division - Boundary realignment in Rural Zone, Marne Watercourse Policy Area Location Lot 4 of DP40534, Black Hill Road; Section 168 and Piece 1 of 146330, Government Road, Black Hill, Hundred of Ridley

Development No. 711/D020/05 Date Received 05.07.2005 Name B & J Burdett Description Lease of Portion for Water Supply Scheme Location Lot 40 of D61273, Part Section 40, Government Road, Hundred of Bowhill

Development No. 711/D021/05 Date Received 12.07.2005 Name DR & TH Fiebiger Description Land Division - Creation of one additional allotment Location Lot 7 of F35436, Sedan Hill Road, Keyneton, Hundred of Jellicoe

Development No. 711/D023/05 Date Received 20.07.2005 Name G Carter Description Land Division - Boundary realignment Location Sections 258 & 259, Government Road, Black Hill, Hundred of Ridley

Development No. 711/D024/05 Date Received 12.07.2005 Name M Ferguson Description Land Division - Creation of one additional allotment Location Lot 4 of D4277, 47 Sickerdick Street, Mannum, Hundred of Finniss

Development No. 711/D025/05 Date Received 22.07.2005 Name H Graetz Description Land Division - Creation of one additional allotment Location Section 344, Henschke Winery Road, Keyneton, Hundred of Jellicoe

Development No. 711/D026/05 Date Received 01.08.2005 Name N Schiller Description Land Division - Creation of one additional allotment Location Piece 9 of D26181, Government Road, Hundred of Cadell

Development Assessment Panel 1741 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.2 LAND DIVISION APPLICATIONS RECEIVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/D027/05 Date Received 01.08.2005 Name C De Koning Description Land Division - Boundary realignment Location Part Allotment F, Lot 27 of D1407, 27/29 River Lane, Mannum, Hundred of Finniss

Development No. 711/D028/05 Date Received 15.08.2005 Name R Smith Description Land Division - Boundary realignment Location Section 322 and Allotment Comprising Pieces 1 and 2 in FP 149495 of Part Section 322, Hundred of Jellicoe

Development Assessment Panel 1742 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/588/02 Date Approved 24.06.05 Name PM Godrick & VDF Schmidt Location Lot 121, Section 219, Scotts Creek, Hundred of Eba Description Pergola, Patio & Landing Value $9,500.00

Development No. 711/247/03 Date Approved 07.07.05 Name Friends of Younghusband Location Sections 868, 869 & 839, Government Road, Hundred of Younghusband Description Sand Bagging Banks of River Value Not Applicable

Development No. 711/403/04 Date Approved 21.06.05 Name G Banks Location Lot 1 of F149526, Albert Street, Mannum, Hundred of Finniss Description Shed Value $4,970.00

Development No. 711/424/04 Date Approved 08.08.05 Name Longridge Sarah Housing Group Location Lot 26, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley Description Dwelling Value $194,133.00

Development No. 711/435/04 Date Approved 05.07.05 Name DM & CR Wegener Location Lot 4 of D57490, Government Road, Hundred of Stuart Description Transportable Dwelling Value $25,000.00

Development No. 711/453/04 Date Approved 20.06.05 Name PA Von Bertouch Location Lot 8 of F104790, Section 515/16, Government Road, Hundred of Hay Description Log Cabin Value $50,000.00

Development No. 711/468/04 Date Approved 24.06.05 Name River Gum Homes Pty Ltd Location Lot 41 of D693, Section 240/41, Dock Street, North West Bend, Hundred of Cadell Description Dwelling Value $161,542.00

Development Assessment Panel 1743 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/537/04 Date Approved 22.07.05 Name SA & MA Fraser Location Lot 18 of D60146, Part Section 579, Willow Way, Salisbury Shacks, Hundred of Finniss Description Shed Value $5,000.00

Development No. 711/582/04 Date Approved 04.07.05 Name J & J Anderson Location Section 161, Black Hill Road, Hundred of Angas Description Dwelling Value $150,000.00

Development No. 711/594/04 Date Approved 02.08.05 Name More For Less Pty Ltd Location Lot 1 of D60682, Punyelroo Road, Punyelroo, Hundred of Fisher Description Ten New Cabins Value $100,000.00

Development No. 711/596/04 Date Approved 19.07.05 Name PC Richardson Location Lot 7 of DP35935, Section 87, Government Road, Hundred of Stuart Description Installation of Pump & Storage Tank Value $5,000.00

Development No. 711/37/05 Date Approved 20.06.05 Name PA Frahn Location Section 467, Cowirra Swamp Road, Younghusband, Hundred of Younghusband Description Verandah/Patio Value $8,670.00

Development No. 711/066/05 Date Approved 16.06.05 Name BJ Corrie Location Lot 11A, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley Description Garage Value $4,400.00

Development No. 711/067/05 Date Approved 07.07.05 Name P & D Laundy Location Lot 26, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley Description Jetty Value $5,000.00

Development Assessment Panel 1744 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/071/05 Date Approved 08.07.05 Name RM Cauchi Location Lot 21 of F20121, Part Section 359, Sabaruma Road, Wongulla, Hundred of Ridley Description Storage Shed Value $4,300.00

Development No. 711/081/05 Date Approved 08.07.05 Name MHC Wilson & DS Chetwood Location Lot 47 of DP1091, 6 William Street, Mannum, Hundred of Finniss Description Double Garage Value $1,000.00

Development No. 711/084/05 Date Approved 22.07.05 Name D Sadler Location Lot 3 of D54853, Section 832, East Front Road, Younghusband, Hundred of Younghusband Description Dwelling Value $100,000.00

Development No. 711/086/05 Date Approved 16.06.05 Name All Steel Transportables Location Lot 1 of F149526, 40 Albert Street, Mannum, Hundred of Finniss Description Transportable Dwelling Value $62,461.00

Development No. 711/090/05 Date Approved 20.06.05 Name South Australian Community Housing Association Location Lot 280, 4 West Terrace & Lot 281, 3 Onslow Street, Blanchetown, Hundred of Skurray Description Two Retirement Units Value $109,650.00

Development No. 711/095/05 Date Approved 12.07.05 Name CA & RA Dickinson Location Part Allotment 91, Lot 12 of F171501, Section 240, Government Road, Hundred of Cadell Description Shed Value $4,000.00

Development No. 711/97/05 Date Approved 24.06.05 Name RJ & RG Shoumack Location Lot 24/25 of D33358, Section 193, Marks Landing Shack Road, Marks Landing, Hundred of Nildottie Description Dwelling Addition Value $10,000.00

Development Assessment Panel 1745 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/104/05 Date Approved 13.07.05 Name John Austin Constructions Location Section 609, Murray Bridge-Mannum Road, Hundred of Finniss Description Machinery Shed Value $29,186.74

Development No. 711/118/05 Date Approved 10.08.05 Name R Van De Meulengraaf Location Lot 61 of D65536, Dabinett Road, Hundred of Younghusband Description Shed Value $1,000.00

Development No. 711/128/05 Date Approved 16.06.05 Name WD Lodge Location Lot 31, Part Section 124, Langs Landing Road, Langs Landing, Hundred of Fisher Description Shed & Carport Value $6,656.00

Development No. 711/131/05 Date Approved 18.07.05 Name PW & MC Keating Location Lot 100 of D60756, Robert Street, Mannum, Hundred of Finniss Description Dwelling & Shed Value $200,000.00

Development No. 711/136/05 Date Approved 23.06.05 Name MHM Murray Pty Ltd Location Lot 101 of D43069, East Front Road, Younghusband, Hundred of Younghusband Description Transportable Office Unit Value $22,000.00

Development No. 711/140/05 Date Approved 21.06.05 Name Metro Carports & Garages Location Lot 1 of F15954, Part Section 352, Sabaruma Road, Wongulla, Hundred of Ridley Description Garage Value $3,340.00

Development No. 711/141/05 Date Approved 20.06.05 Name Metro Carports & Garages Location Lot 263 of FP208639, Part Section 295, Walker Flat Road, Walker Flat, Hundred of Ridley Description Garage Value $4,965.00

Development Assessment Panel 1746 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/153/05 Date Approved 19.07.05 Name WL & JA Daenke Location Lot 163 of F100107, Section 217, Government Road, Hundred of Eba Description Garage & Carport Value $5,000.00

Development No. 711/155/05 Date Approved 20.06.05 Name R Harper Location Lot 19 of D6343, Part Section 62, 36 Horstmann Crescent, Swan Reach, Hundred of Younghusband Description Garage Value $5,430.00

Development No. 711/165/05 Date Approved 12.07.05 Name R & S Nelson Location Lot 8 of D40921, Wongulla Road, Wongulla, Hundred of Ridley Description Domestic Shed Value $10,000.00

Development No. 711/170/05 Date Approved 12.08.05 Name Longridge Sarah Housing Group Pty Ltd Location Lot 6 of D57490, Government Road, Hundred of Stuart Description Dwelling Value $229,966.00

Development No. 711/177/05 Date Approved 29.07.05 Name Rivergum Homes Pty Ltd Location Section 717, East Front Road, Younghusband, Hundred of Younghusband Description Dwelling Value $78,508.00

Development No. 711/178/05 Date Approved 17.06.05 Name I Whale Location Part Allotment 11, Lot 73 of D33358, Section 193, Marks Landing Shack Road, Marks Shacks, Hundred of Nildottie Description Shed Value $500.00

Development No. 711/184/05 Date Approved 04.08.05 Name Construction Services Australia Pty Ltd Location Section 376, Strachans Road, Hundred of Jutland Description Dwelling Value $253,767.00

Development Assessment Panel 1747 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/195/05 Date Approved 25.07.05 Name Valley Sheds Location Lot 6 of D54791, Greenshields Road, Younghusband, Hundred of Younghusband Description Shed Value $4,400.00

Development No. 711/198/05 Date Approved 20.06.05 Name PW & KM Soar Location Lot 4 of D40921, Wongulla Road, Wongulla, Hundred of Ridley Description Storage Shed Value $7,900.00

Development No. 711/210/05 Date Approved 10.08.05 Name SK Frost Location Section 400, Government Road, Hundred of Eba Description Shed Value $5,530.00

Development No. 711/227/05 Date Approved 21.06.05 Name Solatec Pty Ltd Location Lot 1 of F102819, Graetztown Road, Keyneton, Hundred of Jellicoe Description Swimming Pool Enclosure Value $60,000.00

Development No. 711/229/05 Date Approved 28.06.05 Name Oasis Transportable Buildings & Homes Location Lot 148, 17-19 Egerton Street, Blanchetown, Hundred of Skurray Description Transportable Dwelling, Verandahs & Carport Value $78,524.00

Development No. 711/232/05 Date Approved 28.06.05 Name WJ & VJ Horsnall Location Section 285, Sanderston Road, Sanderston, Hundred of Angas Description Garage Value $600.00

Development No. 711/233/05 Date Approved 05.07.05 Name Dahlitz Constructions Pty Ltd Location Lot 130 of F101168, Section 42, Page Drive, Riverbanks Estate, Hundred of Skurray Description Garage Extension Value $10,790.00

Development Assessment Panel 1748 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/235/05 Date Approved 28.06.05 Name H & J Griffiths Location Lot 503 of F208879, Part Section 146, Purnong Road, Hundred of Finniss Description Retaining Walls Value $42,000.00

Development No. 711/244/05 Date Approved 15.06.05 Name SL & PS Robinson Location Lot 14, 27 Murray Terrace, Cowirra, Hundred of Younghusband Description Pergola Value $2,000.00

Development No. 711/249/05 Date Approved 28.06.05 Name D & A Little Location Lot 103 of D62821, Providence Drive, Bowhill, Hundred of Younghusband Description Shed/Carport Value $9,752.00

Development No. 711/250/05 Date Approved 12.07.05 Name J & HC Rudiger Location Section 422, Moculta Road, Hundred of Jellicoe Description Roof to Cover Existing Weaner Kennels (Pigs) Value $9,900.00

Development No. 711/252/05 Date Approved 05.08.05 Name TJ & TM Saegenschnitter Location Lot 3 of D34944, Eden Valley Road, Keyneton, Hundred of Jellicoe Description Implement Storage Shed Value $13,068.00

Development No. 711/253/05 Date Approved 12.07.05 Name TJ & TM Saegenschnitter Location Lot 846 of FP169785, Eden Valley Road, Keyneton, Hundred of Jellicoe Description Office, Lunchroom & Toilet Value $15,590.00

Development No. 711/265/05 Date Approved 05.07.05 Name MW & DA Boehm Location Lot 181 of D56067, 1-5 The Parade, Blanchetown, Hundred of Skurray Description Shed Value $18,000.00

Development No. 711/268/05 Date Approved 12.07.05 Name J Alsic Location Lot 2 of D26514, Section 530, Sabaruma Road, Wongulla, Hundred of Ridley Description Dwelling Addition, Garage & Verandah Extension Value $15,000.00

Development Assessment Panel 1749 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/271/05 Date Approved 07.07.05 Name J Kassebaum Location Section 106, Cattle Yard Road, Towitta, Hundred of Bagot Description Lean to on Existing Shed Value $20,500.00

Development No. 711/272/05 Date Approved 05.08.05 Name R & V Zadow Location Lot 5 of F115090, 2 Edward Street, Mannum, Hundred of Finniss Description Dwelling Addition Value $2,500.00

Development No. 711/274/05 Date Approved 30.06.05 Name R Sherwood & N Bosenberg Location Lot 10 of D57399, Barton Road, Truro, Hundred of Jellicoe Description Storage Shed Value $11,000.00

Development No. 711/276/05 Date Approved 28.06.05 Name J Pavkovic Location Lot 148, Egerton Street, Blanchetown, Hundred of Skurray Description Domestic Garage Value $3,000.00

Development No. 711/278/05 Date Approved 30.06.05 Name R Phillips Location Lot 3 of F1454, Part Section 165, Schilling Road, Halfway House Road Sub Division, Hundred of Anna Description Hangar (Garage) Value $5,730.00

Development No. 711/282/05 Date Approved 14.07.05 Name B & G Males Location Lot 8 of D5075, 4 Treloar Avenue, Truro, Hundred of Jellicoe Description Secondhand Transportable Dwelling with Carport, Verandah & Garage Value $78,500.00

Development No. 711/287/05 Date Approved 30.06.05 Name CO Juncken Builders Pty Ltd Location Lot 71 of D49, 9 James Street West, Truro, Hundred of Jellicoe Description Pergola Value $9,108.00

Development No. 711/289/05 Date Approved 29.07.05 Name TJW & LE Gould Location Lot 37, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley Description Boat Shed Value $4,836.00

Development Assessment Panel 1750 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/291/05 Date Approved 08.07.05 Name PG Hunter Location Lot 225, 4 Rider Street, Blanchetown, Hundred of Skurray Description Dwelling Value $65,000.00

Development No. 711/292/05 Date Approved 14.07.05 Name RN Papps Location Lots A & B, Part Section 146, Purnong Road, Hundred of Finniss Description Verandah Value $2,700.00

Development No. 711/294/05 Date Approved 14.07.05 Name System Built Homes Location Lot 82 of D7839, Ramm Road, Hundred of Finniss Description Dwelling, Verandah & Carport Value $70,510.00

Development No. 711/301/05 Date Approved 28.06.05 Name RD & RJ Greatorex Location Lot 101 of F171194, Part Section 223, 122 Adelaide Road, Mannum, Hundred of Finniss Description Dwelling Additions Value $9,850.00

Development No. 711/306/05 Date Approved 15.08.05 Name G Murphy Location Lot 9a, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley Description Garage Value $8,000.00

Development No. 711/309/05 Date Approved 07.07.05 Name JR Rattley Location Section 180, Dettloff Road, Forster, Hundred of Forster Description Dwelling Additions Value $20,000.00

Development No. 711/310/05 Date Approved 07.07.05 Name MT McCardle Location Lot 65 of D53187, Punyelroo Road, Punyelroo, Hundred of Fisher Description Shed Value $3,800.00

Development No. 711/315/05 Date Approved 07.07.05 Name J Reiss Location Section 269, Government Road, Hundred of Eba Description Storage Shed Value $16,500.00

Development Assessment Panel 1751 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/317/05 Date Approved 07.07.05 Name ST & A Cheriton Location Lot 23 of D1775, 5 Asmus Street, Mannum, Hundred of Finniss Description Boat Shed Value $3,000.00

Development No. 711/322/05 Date Approved 11.08.05 Name R Pomery Location Section 358, Government Road, Hundred of Eba Description Shed Value $2,500.00

Development No. 711/323/05 Date Approved 07.07.05 Name J Buick Location Lot 422 of CSS536, 1 Brooks Street, Mannum, Hundred of Finniss Description Carport Value $4,500.00

Development No. 711/324/05 Date Approved 07.07.05 Name J Buick Location Lot 423 of C22536, 3 Brooks Street, Mannum, Hundred of Finniss Description Carport Value $3,000.00

Development No. 711/326/05 Date Approved 05.07.05 Name JG & JC Henderson Location Lot 102 of F29485, Part Section 960, Palmer Hill Road, Hundred of Tungkillo Description Shed Value $8,000.00

Development No. 711/335/05 Date Approved 03.08.05 Name R Mabey Location Lot 153 of F177359, Adams Street, Blanchetown, Hundred of Skurray Description Garage Value $4,620.00

Development No. 711/336/05 Date Approved 19.07.05 Name DJ Rothall Location Lot 7 of F8787, Strachans Road, Springton, Hundred of Jutland Description Shed Value $8,000.00

Development No. 711/342/05 Date Approved 09.08.05 Name S Schirmer Location Section 164, Government Road, Cambrai, Hundred of Angas Description Garage Value $7,490.00

Development Assessment Panel 1752 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/344/05 Date Approved 11.08.05 Name GP & AJ Rogers Location Lot 1A, Part Section K, Teal Flat Shack Road, Teal Flat, Hundred of Ridley Description Garage Value $4,600.00

Development No. 711/345/05 Date Approved 18.07.05 Name M & S Dalton Location Lot 22 of D58666, Greenshields Road, Hundred of Younghusband Description Extension of Time for Development Application 711/239/04 Value Not Applicable

Development No. 711/346/05 Date Approved 01.08.05 Name C Meulengraaf Location Lot 5 of D9166, 1 Banks Street, Mannum, Hundred of Finniss Description Shed Value $2,500.00

Development No. 711/349/05 Date Approved 03.08.05 Name I & R Paull Location Lot 91 of F203, South Punyelroo Shack Road, South Punyelroo, Hundred of Fisher Description Shed Value $4,999.00

Development No. 711/351/05 Date Approved 11.08.05 Name V Lindenthal Location Piece 102 of D50868, Section 133, Redbanks Road, Cambrai, Hundred of Angas Description Garage Value $6,680.00

Development No. 711/354/05 Date Approved 21.07.05 Name W Faehrmann Location Lot 53 of DP45403, Male Road, Mannum, Hundred of Finniss Description Change of Land Use from Light Industry (Motor Vehicle Repairer) to Store Value Not Applicable

Development No. 711/356/05 Date Approved 11.08.05 Name A & D Wilson Location Lot 1 of F160977, Redbanks Road, Cambrai, Hundred of Angas Description Hay Shed Value $10,000.00

Development Assessment Panel 1753 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.3 DEVELOPMENT APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/357/05 Date Approved 08.08.05 Name In & Out Living Location Lot 11 of F107199, 15 Esplanade, Mannum, Hundred of Finniss Description Roof for Existing Pergola Value $2,800.00

Development No. 711/367/05 Date Approved 08.08.05 Name MW Rosenzweig Location Section 254 of F120200, Blanchetown Road, Sedan, Hundred of Bagot Description Shed Value $6,950.00

Development No. 711/369/05 Date Approved 02.08.05 Name D & C Evans Location Lot 11 of D193, 25 Adelaide Road, Tungkillo, Hundred of Tungkillo Description Garage Value $4,939.00

Development No. 711/370/05 Date Approved 09.08.05 Name Barossa Garages Home Improvements Location Lot 2 of F105380, 41 Moorundie Street, Truro, Hundred of Jellicoe Description Verandah Value $3,336.00

Development No. 711/373/05 Date Approved 11.08.05 Name R Manno & G Summers Location Lot 101 of D38178, Section 833, Towitta School Road, Towitta, Hundred of Jellicoe Description Building Extension Value $3,000.00

Development No. 711/377/05 Date Approved 04.08.05 Name Mid Murray Council Location Lots 523 & 245, Government Road, Morgan, Hundred of Eba Description Park Shelter Value $3,000.00

Development Assessment Panel 1754 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.4 LAND DIVISION APPLICATIONS APPROVED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/D038/04 Date Approved 23.06.05 Name KG Gowling Location Pieces 100, 101 & 102 (in D/A 711/D013/02) of Part Section 53, East Front Road, Hundred of Younghusband Description Land Division

Development No. 711/D013/05 Date Approved 03.07.05 Name SJ & TD Strauss Location Lot 4 of DP40534, Black Hill Road; Section 168 and Piece 1 of 146330, Government Road, Black Hill, Hundred of Ridley Description Land Division - Boundary Realignment in Rural Zone, Marne Watercourse Policy Area

Development No. 711/D014/05 Date Approved 17.06.05 Name ST Cheriton Location Lot 23 of D1775, 5 Asmus Street and Part Allotment D, Lots 21 & 22, 3 Asmus Street, Mannum, Hundred of Finniss Description Land Division - Boundary Realignment in Residential Zone

Development No. 711/D015/05 Date Approved 17.06.05 Name River Fresh Pty Ltd Location Sections 144 & 308, River Terrace, Cadell Irrigation Area, Hundred of Cadell Description Land Division - Boundary Realignment in River Murray Zone, Primary Production Policy Area

Development No. 711/D027/05 Date Approved 04.08.05 Name C De Koning Location Part Allotment F, Lot 27 of D1407, 27/29 River Lane, Mannum, Hundred of Finniss Description Land Division - Boundary Realignment

Development Assessment Panel 1755 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.5 DEVELOPMENT APPLICATIONS REFUSED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/175/04 Date Refused 07.07.2005 Name PS Lintern Location Lots 203 & 205 of F217815, Borthwick Brae Road, Hundred of Tungkillo Description Two Dams Authority Council Reasoning Pursuant to Section 39(3)(b) of the Development Act 1993 Development Application 711/175/04 is refused (requested details not provided).

Development No. 711/187/04 Date Refused 01.07.2005 Name Format Homes Location Lot 2 of D23705, Part Section 382, Adelaide Mannum Road, Hundred of Finniss Description Dwelling Authority Council Reasoning Pursuant to Section 39(3)(b) of the Development Act 1993 Development Application 711/187/04 is refused (requested details not provided).

Development No. 711/489/04 Date Refused 24.06.2005 Name DN & MJ Andison Location Pieces 91 and 92 of F213408, River Lane, Mannum, Hundred of Finniss Description Moorings for Three Boats Authority Council Reasoning Pursuant to Schedule 8 Item 10(b) of the Development Regulations 1993 the Environment Protection Authority had directed Council to issue refusal to Development Application 711/489/04 and as such the Development Application is refused.

Development No. 711/601/04 Date Refused 18.07.2005 Name SL & WD Gowling Location Part Lot 4 of D24686 and Section 865, East Front Road, Hundred of Younghusband Description Boating Facility for less than five vessels at any one time Authority Council Reasoning Pursuant to Schedule 8 Item 10(b) of the Development Regulations 1993 the Environment Protection Authority had directed Council to refuse Development Application 711/601/04 and as such the Development Application is refused.

Development Assessment Panel 1756 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.5 DEVELOPMENT APPLICATIONS REFUSED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Development No. 711/169/05 Date Refused 27.06.2005 Name RJ Lang Location Section 9 of H120300, Government Road, Hundred of Beaty Description Dwelling & Shed Authority Council Reasoning Pursuant to Section 33(1)(a) of the Development Act 1993 Development Application 711/169/05 is deemed to be seriously at variance with the following Objectives and Principles of Development Control of Council's Development Plan and is therefore refused:-

Council Wide, Objectives 32 and 34; Rural Zone, Principles of Development Control 1 and 24; Pastoral Policy Area, Principles of Development Control 1 and 2.

Development No. 711/259/05 Date Refused 05.07.2005 Name T & L Buckley Location Lot 150 of D33358, Section 193, Marks Landing Shack Road, Marks Landing, Hundred of Nildottie Description Jetty Authority Council Reasoning Pursuant to Sechedule 8(19) of the Development Regulations 1993 the Minister for the River Murray had directed Council to refuse Development Application 711/259/05 and as such the Development Application is refused.

Development Assessment Panel 1757 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.6 LAND DIVISION REFUSED DURING THE REPORTING PERIOD 15 JUNE 2005 TO 16 AUGUST 2005

Nil.

Development Assessment Panel 1758 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.7 DEVELOPMENT STATISTICS

Reporting Officer: Kelvin Goldstone

The following table indicates statistics relating to development applications processed for the 2005 calendar year.

REPORTING PERIOD PROGRESSIVE TOTAL PROGRESSIVE TOTAL (CALENDAR YEAR – 2005) (PREVIOUS YEAR – 2004) TYPE OF DEVELOPMENT NUMBER VALUE NUMBER VALUE NUMBER VALUE Dwellings 18 $2,007,561.00 60 $4,924,182.00 46 $3,957,807.60

Dwelling 16 $165,964.00 88 $927,655.00 138 $1,286,382.00 Additions/Attachments (verandahs, carports etc)

Domestic Garages 40 $249,447.00 124 $707,968.80 34 $164,732.50

Farm Buildings (implement 4 $62,154.74 18 $257,047.74 10 $4,900,215.95 sheds, hay sheds, animal husbandry etc)

Other (community buildings, 9 $98,320.00 56 $1,627,969.00 38 $1,322,365.50 boat ramps, tanks, swimming pools etc)

Land Division 5 28 28

Total 92 $2,583,446.74 374 $8,444,822.54 294 $11,631,503.55

For Information Only.

Development Assessment Panel 1759 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/214/05 – C DEAN

Reporting Officer: James Miller

Development No. 711/214/05 Applicant C Dean Subject Land Lot 1 of Deposited Plan 43343, Cambrai Truro Road, Sedan, Hundred of Jellicoe 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 approximately seven kilometres north west of Cambrai.

Copies of plans and details submitted with the application are attached.

SUBJECT LAND AND LOCALITY

The subject land is identified as Lot 1 of Deposited Plan 43343, Cambrai Truro Road, Sedan, Hundred of Jellicoe, as contained in Certificate of Title Volume 5281 Folio 447.

The allotment is situated approximately two kilometres west of the Cambrai Sedan Road (following Pine Hut Road), and seven kilometres north west of Cambrai.

The subject land is located entirely within a Rural Zone. More specifically, the land is deemed to fall within the Murray Plains Policy Area of Council’s Development Plan, as depicted on Map MiMu/76 of the Development Plan.

The subject land comprises 9.33 hectares in area and is considered appropriate for dryland farming purposes as well as cropping activity. The property is bound by two formed unsealed public roads with it’s frontage to these carriageways being 278 and 308 metres respectively.

No native vegetation exists over the said allotment.

Within the locality itself, it becomes evident that the predominant land use is dryland farming, grazing activity and cropping. Indeed, neighbouring land is presently being cropped. A longstanding farm dwelling exists immediately to the south of the allotment nestled amongst dense stands of vegetation. Other than this however, I encountered no dwellings within the locality of the subject land.

Development Assessment Panel 1760 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/214/05 – C DEAN

Figure 1.1 identifies the subject allotment.

Figure 1.1

DESCRIPTION OF PROPOSAL

A detached dwelling comprising two bedrooms and approximately 72 square metres is proposed for establishment, to be sited twenty metres east of the western allotment boundary and thirty metres north of the southern allotment boundary.

Within the applicant’s submission, it is stated that his intention is to retire upon the said allotment as it is considerably smaller in area than that of the existing allotment he currently resides on. Mr Dean claims the size of the allotment does not enable him to economically farm the land and therefore no intensive form of farming activity is proposed upon establishment of the dwelling.

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 1:50000 topographic map.

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.

REFERRALS

No formal referrals were necessary pursuant to Schedule 8 of the Development Regulations, 1993.

Development Assessment Panel 1761 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/214/05 – C DEAN

PUBLIC NOTIFICATION

Pursuant to Principle of Development Control 48 of the Rural Zone, the application is deemed to comprise a Category 3 form of development as the applicant does not intend to farm the land and the dwelling is not being established to assist in facilitating a farming, horticulture or viticultural activity. As such, the development application was advertised as a Category 3 development and at the conclusion of the public notification period two valid representations and one invalid representation, submitted by Allan Rothe and received by Council on 14 June 2005, were received.

A copy of the representations are attached and, from a planning perspective, essentially discusses issues of loss of prime farming land, interface issues with a neighbouring piggery development and fear of precedent setting should this be approved.

The applicant, Mr Dean, has viewed the representations and provided a response (see attached).

RELEVANT PROVISIONS OF THE MID MURRAY COUNCIL DEVELOPMENT PLAN

Council Wide

Objectives: 1, 2, 32, 33 & 34

Rural Zone

Objectives: 19 & 20 Principles of Development Control: 1, 21, 22, 23, 24, 25 & 29

Murray Plains Area

Principle of Development Control: 1

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 Murray Plains 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 indication as to whether or not such a development is anticipated for the locality upon which it is proposed.

The supporting statement submitted by the applicant explains the purpose for the dwelling is to accommodate rural living activity. There is no contemplation what so ever that the dwelling is necessary to facilitate the ongoing management of a farming operation. 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. As the proposal is solely for urban residential purposes, it becomes apparent that the proposal is not in keeping with the zone’s desired future character statement. Development Assessment Panel 1762 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/214/05 – C DEAN

Being rural living activity, Council’s Development Plan, namely Council Wide Objective 34, alludes to where such activity should occur:-

“Rural living development in defined areas.

Development of rural land as small holdings primarily for residential purposes should be undertaken only in defined zones or policy areas assessed in accordance with strict design and siting conditions.”

Clearly the land is not zoned “rural living” nor does the locality resemble that of a rural living environ. Therefore the proposal does not accord with this aspect of the Development Plan.

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 a Murray Plains Policy Area where allotments accommodating residential use are required to comprise a minimum of 36 hectares. In this instance, Lot 2 comprises 11.14 hectares. This equates to a shortfall of some 25 hectares.

The establishment of a dwelling in the heart of broad acre farming land only serves to heighten the potential conflict between rural and residential land usage. This point is regularly documented and emphasized by Primary Industries and Resources SA (PIRSA) where they point out that dwellings located in the midst of farming land has the potential to cause conflict with agricultural activities on adjacent properties.

In a representation submitted by Mr and Mrs Zimmermann, Council are advised of an existing piggery operating upon their land and in very close proximity to the proposed development. Not only therefore is there existing intensive animal keeping operations located nearby that may cause the occupants of any future residence some concern through odour emissions, the land is also situated amongst a number of farming allotments currently utilised for cropping and grazing activity. The introduction of such a land use as urban residential is, I believe, fraught with danger and may very likely lead to interface problems in the future with individuals looking to preserve their respective quality of life.

The luxury of a establishing a dwelling upon an allotment comprising 36 hectares is that such an allotment possesses adequate buffer distances to adjacent rural land where the residential activity is sited far enough away from the agricultural activities to ensure conflict between the two competing uses 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.

Development Assessment Panel 1763 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.8 DEVELOPMENT APPLICATION 711/214/05 – C DEAN

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, Principle of Development Control 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 and conduct their intensive animal keeping pursuits.

Based on the foregoing assessment and to conclude, it is my opinion that Development Application 711/214/05 is seriously at variance with Council’s Development Plan and therefore warrants refusal.

RECOMMENDATION

moved that pursuant to Section 33 (1)(a) of the Development Act, 1993 Provisional Development Plan Consent be refused to Development Application 711/214/05 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; • Murray Plains Policy Area Objective 1.

Seconded

Development Assessment Panel 1764 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.9 DEVELOPMENT APPLICATION 711/215/05 – C DEAN

Reporting Officer: James Miller

Development No. 711/215/05 Applicant C Dean Subject Land Lot 2 of Deposited Plan 43343, Cambrai Truro Road, Sedan, Hundred of Jellicoe 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 approximately seven kilometres north west of Cambrai.

Copies of plans and details submitted with the application are attached.

SUBJECT LAND & LOCALITY

The subject land is identified as Lot 2 of Deposited Plan 43343, Cambrai Truro Road, Sedan, Hundred of Jellicoe, as contained in Certificate of Title Volume 5281 Folio 448.

The allotment is situated approximately two kilometres west of the Cambrai Sedan Road (following Pine Hut Road), and seven kilometres north west of Cambrai.

The subject land is located entirely within a Rural Zone. More specifically, the land is deemed to fall within the Murray Plains Policy Area of Council’s Development Plan, as depicted on Map MiMu/76 of the Development Plan.

The subject land comprises 11.14 hectares in area and is considered appropriate for dryland farming purposes as well as cropping activity. The property is bound by two formed unsealed public roads with it frontage to these carriageways being 361 and 299 metres respectively.

No native vegetation exists over the said allotment.

Within the locality itself, it becomes evident that the predominant land use is dryland farming, grazing activity and cropping. Indeed, neighbouring land is presently being cropped. A longstanding farm dwelling exists immediately to the south of the allotment nestled amongst dense stands of vegetation. Other than this however, I encountered no dwellings within the locality of the subject land.

Development Assessment Panel 1765 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.9 DEVELOPMENT APPLICATION 711/215/05 – C DEAN

Figure 1.1 identifies the subject allotment.

Figure 1.1

DESCRIPTION OF PROPOSAL

A detached dwelling comprising four bedrooms and approximately 124 square metres is proposed for establishment, to be sited twenty metres east of the western allotment boundary and thirty metres north of the southern allotment boundary.

Within the applicant’s submission, it is stated that his intention is for his family to reside upon the said allotment.

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 1:50000 topographic map.

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.

REFERRALS

No formal referrals were necessary pursuant to Schedule 8 of the Development Regulations, 1993.

PUBLIC NOTIFICATION

Pursuant to Principle of Development Control 48 of the Rural Zone, the application is deemed to comprise a Category 3 form of development as the applicant does not intend to farm the land and the dwelling is not being established to assist in facilitating a farming, horticulture or viticultural activity. As such, the development application was advertised as a Category 3 development and at the conclusion of the public notification period four valid representations and one invalid representation, submitted by Allan Rothe and received by Council on 14 June 2005, were received.

Development Assessment Panel 1766 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.9 DEVELOPMENT APPLICATION 711/215/05 – C DEAN

A copy of the representations are attached and, from a planning perspective, essentially discusses issues of loss of prime farming land, interface issues with a neighbouring piggery development and fear of precedent setting should this be approved.

The applicant, Mr Dean, has viewed the representations and provided a response (see attached).

RELEVANT PROVISIONS OF THE MID MURRAY COUNCIL DEVELOPMENT PLAN

Council Wide

Objectives: 1, 2, 32, 33 &34

Rural Zone

Objectives: 19 & 20 Principles of Development Control: 1, 21, 22, 23, 24, 25 & 29

Murray Plains Area

Principle of Development Control: 1

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 Murray Plains 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 indication as to whether or not such a development is anticipated for the locality upon which it is proposed.

The supporting statement submitted by the applicant explains the purpose for the dwelling is to accommodate rural living activity. There is no contemplation what so ever that the dwelling is necessary to facilitate the ongoing management of a farming operation. 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. As the proposal is solely for urban residential purposes, it becomes apparent that the proposal is not in keeping with the zone’s desired future character statement.

Being rural living activity, Council’s Development Plan, namely Council Wide Objective 34, alludes to where such activity should occur:-

“Rural living development in defined areas.

Development of rural land as small holdings primarily for residential purposes should be undertaken only in defined zones or policy areas assessed in accordance with strict design and siting conditions.”

Development Assessment Panel 1767 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.9 DEVELOPMENT APPLICATION 711/215/05 – C DEAN

Clearly the land is not zoned “rural living” nor does the locality resemble that of a rural living environ. Therefore the proposal does not accord with this aspect of the Development Plan.

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 a Murray Plains Policy Area where allotments accommodating residential use are required to comprise a minimum of 36 hectares. In this instance, Lot 2 comprises 11.14 hectares. This equates to a shortfall of some 25 hectares.

The establishment of a dwelling in the heart of broad acre farming land only serves to heighten the potential conflict between rural and residential land usage. This point is regularly documented and emphasized by Primary Industries and Resources SA (PIRSA) where they point out that dwellings located in the midst of farming land has the potential to cause conflict with agricultural activities on adjacent properties.

In a representation submitted by Mr and Mrs Zimmermann, Council are advised of an existing piggery operating upon their land and in very close proximity to the proposed development. Not only therefore is there existing intensive animal keeping operations located nearby that may cause the occupants of any future residence some concern through odour emissions, the land is also situated amongst a number of farming allotments currently utilised for cropping and grazing activity. The introduction of such a land use as urban residential is, I believe, fraught with danger and may very likely lead to interface problems in the future with individuals looking to preserve their respective quality of life.

The luxury of a establishing a dwelling upon an allotment comprising 36 hectares is that such an allotment possesses adequate buffer distances to adjacent rural land where the residential activity is sited far enough away from the agricultural activities to ensure conflict between the two competing uses 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, Principle of Development Control 29 of the Rural Zone:-

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

Development Assessment Panel 1768 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.9 DEVELOPMENT APPLICATION 711/215/05 – C DEAN

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 and conduct their intensive animal keeping pursuits.

Based on the foregoing assessment and to conclude, it is my opinion that Development Application 711/215/05 is seriously at variance with Council’s Development Plan and therefore warrants refusal.

RECOMMENDATION

moved that pursuant to Section 33 (1)(a) of the Development Act, 1993 Provisional Development Plan Consent be refused to Development Application 711/215/05 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; • Murray Plains Policy Area Objective 1.

Seconded

Development Assessment Panel 1769 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.10 DEVELOPMENT APPLICATIONS 710/1098/97 & 711/251/00 – CA VERRAN

Reporting Officer: James Miller

Development Nos. 711/1098/97 & 711/251/00 Applicant CA Verran Subject Land Section 267, Frankton Road, Dutton, Hundred of Dutton Proposals Dirt Circuit Track & Associated Facilities and Ablution Block

OVERVIEW

On 12 May 1997 the District Council of Ridley-Truro granted Provisional Development Plan Consent to CA Verran to establish a motor vehicle dirt race track and associated facilities upon Section 267, Hundred of Dutton.

Attached for members’ perusal is:-

• site and locality plan of the development; • planning report prepared by Planning Advisory Services, dated 16 January 1997; • decision notification form dated 12 May 1997.

A subsequent development application (711/251/00) was lodged by the applicant for an ablution facility and was granted full approval 22 June 2000 (see copy attached). Members will note that under “Nature of Development” on the decision notification form it reads -

Provisional Development Plan Consent REFER 710/1098/97 Provisional Building Rules Consent Consent Granted DEVELOPMENT APPROVAL Consent Granted.

Whilst the initial development application for the change of land use expired on 16 May 2000 as it was not substantially completed within three years, reference is made on the subsequent development approval to the land use and therefore it may be argued that the applicant had twelve months from the date of that consent to commence the development and three years from the date of that consent to complete the development. In any event the time frame to complete the motor vehicle dirt race track has well and truly expired, hence the applicant’s request for dispensation to finalise the on site works and commence operations without lodging a fresh development application.

Strictly speaking a fresh development application should be lodged given the initial approval dates back some eight years however, Council’s Development Assessment Panel may, in the circumstances, grant the applicant dispensation to simply finalise works associated with the development and commence operations without lodging another development application.

In correspondence dated 10 August 2005 (see attached) to Council, the applicant provides some historical data surrounding events leading up to the initial development approval and explains why the works entailed within the proposal where never carried out and completed within statutory time frames. Ill health was a prime reason the development stagnated for so long.

Development Assessment Panel 1770 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.10 DEVELOPMENT APPLICATIONS 710/1098/97 & 711/251/00 – CA VERRAN

As members will read, Ms Verran held an open day over this year’s June long weekend which proved to be a huge success and she is hopeful that the project will be up and running for the forthcoming season. However prior to commencement of operations the Panel needs to determine whether it is appropriate for the land use to commence when clearly the development approval has lapsed.

In normal circumstances I would recommend that the applicant be advised to submit a fresh development application given the previous development application has lapsed. Given the circumstances surrounding this matter and Ms Verran’s ill health, given the fact that Council has contributed significant in kind support, and given Council’s now retired Assistant Building Surveyor undertook regular inspections of the toilet block without advising that the land use approval had lapsed, it would appear appropriate for the Panel to allow the applicant to commence operations without submitting a new development application.

RECOMMENDATION

moved that Council’s Development Assessment Panel advise Ms Verran that Council will not insist on a fresh development application being submitted to formalise works undertaken and that Ms Verran be advised to commence operations in strict accordance with the conditions attached to Development Approval 710/1098/97 and 711/251/00 by 31 December 2005.

Seconded

Development Assessment Panel 1771 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.11 DEVELOPMENT APPLICATION 711/129/05 – S & D BUTLER

Reporting Officer: Geoff Parsons

Development No. 711/129/05 Applicant S & D Butler Subject Land Lot 91, 130 River Lane, Mannum, Hundred of Finniss Proposal Houseboat Landing

INTRODUCTION

The above mentioned development application has been lodged with Council where Provisional Development Plan Consent is sought for the establishment of a river structure/landing on a riverfront property within the Mannum township.

Copies of plans and details submitted with the application are attached.

SUBJECT LAND

The subject land is identified as Lot 91, 130 River Lane, Mannum, Hundred of Finniss, as contained in Certificate of Title Volume 5581 Folio 52.

The allotment is located within the Urban Waterfront (Floodplain) Zone as depicted on Map MiMu/62 of Mid Murray Council’s Development Plan.

The allotment fronts directly onto the main channel of the River Murray, and is adjoined by similar sized residential allotments, also with direct river frontage. There are many other river structures/landings in the area.

The allotment slopes gently towards the River Murray and contains several large native trees. There is a new dwelling nearing construction currently being erected on the property.

Figure 1.1 identifies the subject land.

Figure 1.1

Development Assessment Panel 1772 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.11 DEVELOPMENT APPLICATION 711/129/05 – S & D BUTLER

DESCRIPTION OF PROPOSAL

Provisional Development Plan Consent is sought for the establishment of a river structure (retaining wall) to enable boat mooring and recreation use of the River Murray. The retaining wall will only stretch across a small part of the River frontage located at the eastern corner of the allotment. The wall will be approximately 1 metre in height and will be constructed using concrete sleepers. The wall will be backfilled with soil, and will stretch out into the River approximately two metres from the current pool level.

REFERRALS

Pursuant to Schedule 8 (19)(g) of the Development Regulations 1993, the application was required to be referred to the Minister for the River Murray.

Copies of the response received are attached.

PUBLIC NOTIFICATION

The application was deemed to comprise a Category 1 form of development pursuant to Principle of Development Control 14 of the Urban Waterfront (Floodplain) Zone and Schedule 9, Part 1 (2)(f).

RELEVANT PROVISIONS OF THE MID MURRAY COUNCIL DEVELOPMENT PLAN

Council Wide

Objectives: 6 & 51

Urban Waterfront (Floodplain) Zone

Objectives: 2, 4, 5 & 6 Principles of Development Control: 1, 4, 9, 10, 11 & 14

ASSESSMENT

An assessment of the proposal against the relevant provisions of the Development Plan is provided for below.

This development application was lodged as a result of illegal development being conducted by the applicant. Council’s Compliance Officer informed the applicant that the works were illegal and subsequently this development application was lodged in order to legalise the work (which has since been completed, also without approval).

The proposal has been assessed as a river structure for recreation purposes, and for the casual mooring of boats. The list of acceptable uses as highlighted in the Desired Future Character statement for the Urban Waterfront (Floodplain) Zone states:-

Development Assessment Panel 1773 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.11 DEVELOPMENT APPLICATION 711/129/05 – S & D BUTLER

“The following are acceptable uses in the Urban Waterfront Zone:-

• Recreation uses such as a playground, bbq area, picnic shelter; • Public car park; • Essential public infrastructure including roads and residential infrastructure; • River structures for boat mooring/boat ramp/swimming/pump stands; • Commercial moorings for vessels with overnight accommodation; • Caravan park, camp sites, bunk house, hostel and guest house; • Water-based recreation; • Information for water traffic; • Ferry.”

Clearly dot points 4 and 5 mean that the proposal falls within the acceptable uses that the zone provides for. In addition the mooring is considered to be minor in terms of its overall dimensions and capacity to moor only one vessel.

Furthermore the river structure/mooring, whilst still to be assessed for Building Rules Consent, appears to be soundly constructed, and satisfies Principle of Development Control 4 of the Urban Waterfront (Floodplain) Zone which states:-

“All new development including river structures constructed to withstand floodwaters, increased river flow rates and collision impact through day-to-day use and located where they do not cause a hazard to safe navigation or create unsafe conditions.”

As previously stated the river structure/mooring extends out from the natural shoreline approximately two metres, but this in no way creates a hazard to safe navigation of the main River channel.

Finally it is worth noting that the applicant has already lodged and had approved by Council an application (711/338/03) to have a houseboat moored to the subject site. However that application did not provide for a river structure to be erected to enable the mooring to occur. Subsequently that is the purpose of this application. As such a notation has been attached to the recommendation reminding the applicant that all conditions/notations attached to the original approval for a mooring remain valid and are required to be adhered to, including the requirement to connect the vessel to the SA Water sewer scheme.

CONCLUSION

To conclude, I have formulated the opinion that the river structure/landing, whilst constructed illegally, is not seriously at variance with the provisions of Mid Murray Council’s Development Plan. The zoning, in my opinion, seeks to facilitate this type of development within the zone, assuming it will not have any negative impacts on the environment and adjoining owners.

In this circumstance the adjoining owners have similar structures and vessels are moored (or at least mooring facilities provided) at nearly every riverfront allotment along River Lane. Furthermore the Department of Water, Land and Biodiversity Conservation (acting on behalf of the Minister for the River Murray) have consented to the development being approved, which reassures my concerns regarding the environmental impact of the development.

Development Assessment Panel 1774 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.11 DEVELOPMENT APPLICATION 711/129/05 – S & D BUTLER

As such I believe the development will not have a negative effect on the locality, and satisfies the Development Control Provisions outlined in Mid Murray Council’s Development Plan.

I have listed a recommendation that reflects this assessment.

RECOMMENDATION

moved that Provisional Development Plan Consent be granted to Development Application 711/129/05, subject to the following conditions and notations:-

Conditions as imposed by Council

a) The development shall be carried out in accordance with the details and plans submitted with the application, other than where required to be varied by the following conditions.

Condition as imposed by the Department of Water, Land and Biodiversity Conservation

a) The applicant must not use concrete sleepers in further construction on the riverbank at this site as suggested by this application. Concrete sleepers are not a desirable method to create a landing or stabilise the bank as they reflect wave energy rather than absorb it encouraging further erosion and do not support natural bank stabilisation, which can be achieved through the establishment of native vegetation.

Notations as imposed by Council

a) The applicant is reminded that all conditions and notations attached to the approval issued for development application 711/338/03 remain valid.

b) This approval does not imply compliance with the Electricity Trust of South Australia Act 1946 (as amended), or the Regulations thereunder. It is the responsibility of the owner and the person undertaking development to ensure compliance with the same.

You are advised to contact appropriate authorities including ETSA, Telstra and SA Water in relation to the location of supply lines and other requirements prior to commencing work.

c) Development Approval Required

This approval refers only to Provisional Development Plan Consent. Provisional Building Rules Consent and Development Approval must be obtained prior to commencement of work.

Development Assessment Panel 1775 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.11 DEVELOPMENT APPLICATION 711/129/05 – S & D BUTLER

d) Consent Valid 36 Months

If substantial work on the development is not commenced within twelve months of the date of this consent, or substantially completed within thirty- six months of the date of this consent, a fresh consent must be obtained.

e) The Council also advises that the proposed development will be located within the “River Murray Floodplain” which is subject to periodic flooding, which may cause extensive or total loss. Neither the Council or any of its Servants, Agents or Officers accept any responsibility for any such loss which may occur. Any conditions are imposed so as to maintain the natural character of the River Valley and to attain the Objectives of the River Murray Zone.

Notations as imposed by the Department of Water, Land and Biodiversity Conservation

a) The query as to definitions relating to the development application is as follows. The Macquarie Dictionary 2003 On-line Edition defines Mooring as something by which a ship or the like is moored, as a cable, line, etc. and mooring (plural) as the place where a vessel is or may be moored.

Landing on the other hand is a place where person or goods are landed, as from a ship. It also refers to architecture; a. the floor at the head or foot of a flight of stairs. b. a platform between flights of stairs.

General usage for a landing in reference to the river therefore is the platform between the land and the vessel, which could be also referred to as a pier, wharf, jetty or dock.

b) The applicant is advised that no more than 100mm of topsoil is to be used on the riverbank for the purposes of creating a lawn area.

c) It has been indicated by the applicant that is their intention to use sandbags to prevent further bank erosion. Should this be the cause, the applicant is advised to limit sandbagging to one layer and that it should not extend past the existing concrete wall of sleepers that protrude into the river.

d) The applicant is advised to consider a new product called Soft Rock if bank erosion is still an issue on the site. This product is made of a manufactured geotextile material designed to be long lasting and durable. The containers can be filled with soil or sand and covered in soil to encourage the establishment of riverbank vegetation. Soft Rock is designed to absorb wave energy as opposed to concrete blocks that reflect wave energy, making Soft Rock a better option for the health of the River Murray.

Included is a copy of their brochure that I hope you will take the time to read and consider. A contact number is highlighted on the last page should you have any further questions regarding the product.

Development Assessment Panel 1776 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.11 DEVELOPMENT APPLICATION 711/129/05 – S & D BUTLER

e) The applicant is advised of their general duty of care to take all reasonable measures to prevent any harm to the River Murray through his or her actions or activities.

Seconded

Development Assessment Panel 1777 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.12 DEVELOPMENT APPLICATION 711/146/05 – BELL DESIGN & PLANNING

Reporting Officer: James Miller

Development No. 711/146/05 Applicant Bell Design & Planning Subject Land Lot 52 of Deposited Plan 48498, Sturt Highway, Hundred of Jellicoe Proposal Dwelling

INTRODUCTION

The above development application has been submitted to Council for assessment purposes where Provisional Development Plan Consent is sought for the establishment of a detached dwelling upon vacant land west of Truro.

Copies of plans and details submitted with the application are attached.

SUBJECT LAND

The subject land is identified as Allotment 52 of Deposited Plan 48498, Sturt Highway, Hundred of Jellicoe as comprised in Certificate of Title Volume 5553 Folio 928.

The subject land is located within the Rural Zone and is more specifically situated within the Hills Policy Area as depicted of Map MiMu/43 of Council’s Development Plan.

The subject land comprises 6.5 hectares with its frontage to Sturt Highway comprising 254 metres. Middle Hut Creek dissects the allotment and it is south of this watercourse where the proposed dwelling is to be located. Given the size and nature of the subject land the ability for the allotment to sustain an agricultural land use appears difficult and non economical. A large implement shed has recently been approved over the subject land and is located to the south western portion of the allotment. In addition, the applicants have already undertaken significant earthworks in and around the footprint of the dwelling without having first obtained the consent of Council.

The allotment is located in close proximity to the Truro township and is one of a number of allotments in this locality which appears suited to rural living activity given its size and spatial separation to intensive agricultural activity within the district.

Figure 1.1 identifies the subject land.

Figure 1.1

Development Assessment Panel 1778 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.12 DEVELOPMENT APPLICATION 711/146/05 – BELL DESIGN & PLANNING

DESCRIPTION OF PROPOSAL

Provisional Development Plan Consent is sought for the establishment of a 352 square metre dwelling comprising four bedrooms, formal and informal living areas, kitchen, study, and multiple wet areas. In addition, the dwelling will also accommodate 230 square metres of verandah area. The roof comprises colourbond corrugated sheeting whilst the walls are proposed to be rendered resulting in a visually attractive outcome when viewed from all four perspectives.

The proposed location for the dwelling is in extremely close proximity to Middle Hut Creek, a defined watercourse shown on a 1:50000 topographic map.

A waste control application has also been submitted by the applicant which proposes a conventional septic tank and soakage trench system with the trenches to be located the specified 50 metres from the watercourse.

REFERRALS

This development application was required to be referred to Transport SA pursuant to Schedule 8 of the Development Regulations 1993 given access and egress to the allotment is off a Transport SA owned carriageway. At the time this agenda item was prepared a written response of that department had not been received however a response will be distributed to members as late correspondence at the meeting.

In verbal discussions with officers of Transport SA, Council is advised of a number of concerns of that department relating to access to the allotment from the busy Sturt Highway.

PUBLIC NOTIFICATION

The development was deemed to comprise a Category 1 form of development in accordance with Schedule 9 of the Development Regulations 1993 and as such no notification was undertaken as part of assessment of this development application.

RELEVANT PROVISIONS OF THE MID MURRAY COUNCIL DEVELOPMENT PLAN

Council Wide

Objectives: 1, 2, 11, 13, 15, 30, 31, 32, 33, 34, 50 & 51 Principles of Development Control: 6, 18, 20, 33, 39 & 40

Rural Zone

Objectives: 19, 20 & 24 Principles of Development Control: 1, 4, 21, 22, 23, 24 & 25

Hills Policy Area

Objective: 1 Principles of Development Control: 1, 2, 3 & 4

Development Assessment Panel 1779 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.12 DEVELOPMENT APPLICATION 711/146/05 – BELL DESIGN & PLANNING

ASSESSMENT

In July 2002 the applicant obtained Provisional Development Plan Consent to establish a dwelling and a shed on the subject land (development application 711/272/02). The shed is now completed however the dwelling in the format proposed was never commenced and this subsequent development application was submitted. It is important to note that this subsequent submission was received within the three year period that the applicant had to complete both the shed and the dwelling and it is for this reason that I will not consider the matter of minimum allotment units as part of this assessment. Whilst the allotment falls well short of the 36 hectare minimum allotment unit requirement, Council has, through past determinations, effectively endorsed the land use for residential purposes and the applicant in turn has commenced the establishment of domestic shedding with a view to residing on the land. Therefore there is no argument on the ability of the land to accommodate residential activity.

The concerns regarding this development application revolves around two main points:-

• access and egress to Sturt Highway; • proximity of the dwelling to Middle Hut Creek.

Upon inspection of the subject land it becomes evident that the dwelling shall be sited directly adjacent Middle Hut Creek, a watercourse known to have flooded significantly in March 1983 where much of the immediate locality was inundated with floodwater. I have reservations in endorsing such a proposal with there being such a strong likelihood that should floodwaters arise in the future, this dwelling may become inundated with floodwater. Whilst I have attempted to ascertain flood level information to support my concerns, the only defining method to determine the site suitability for a dwelling is through the engagement of a survey engineer who may demonstrate one way or another whether the dwelling site is elevated sufficiently to withstand floodwater inundation. It is recommended that the applicant engage the services of a qualified survey engineer which addresses this point and demonstrates to Council beyond all doubt that the dwelling is suited for residential activity.

Regarding the issue of access and egress from the allotment, officers of Transport SA have relayed to me verbally significant concern of the entrance point junction to Sturt Highway. Transport SA possess directive powers in this regard and have the ability to direct refusal should access and egress measures not meet their requirements. As indicated earlier, a copy of Transport SA’s report and direction should arrive prior to the meeting and will be distributed on the day.

Given the response of Transport SA may very well influence the outcome of the proposal I have not listed a recommendation at this stage. Rather the matter is placed on the agenda for preliminary consideration as I felt it important to at least flag issues of non- compliance with minimum allotment units as well as floodwater inundation concerns with members to consider in advance of the Transport SA response. Whatever the response, it is my opinion that compliance with the minimum allotment units should be waived, thus resolving the land is suitable for residential activity, and secondly, prior to issuing consent, the applicant be instructed to provide supporting documentation that the dwelling will not be inundated during periods of flooding.

For Development Assessment Panel determination.

Development Assessment Panel 1780 Minutes 29 August 2005 MID MURRAY COUNCIL – DEVELOPMENT REPORT 6.13 DEVELOPMENT APPLICATION 711/212/04 – BJ CARTER

Reporting Officer: James Miller

Development No. 711/212/04 Applicant BJ Carter Subject Land Part Piece 236of D61757, Bowhill Road, Hundred of Younghusband Proposal Excavation Works for the Restoration of Portion of Existing Channel (Removal of Excess Fill, Silt etc.)

OVERVIEW

On 27 April 2004, BJ Carter in his capacity as Trustee of the Estate of Paul Gerhard Schmidt, lodged a retrospective development application seeking Provisional Development Plan Consent to excavate a portion of an existing irrigation channel to rid the channel of built up fill and silt. The work was carried out without the prior consent of Council.

Following the threat of enforcement action, the applicant submitted the development application to formalise the illegal works all the while disputing that the works undertaken did not constitute development.

After significant time delays in Council obtaining the necessary information from the applicant to process the development application, a meeting was convened by the applicant with representatives of Council, namely the Mayor and the Environmental Services Manager. At this meeting the applicant advised of their remedial plans to reinstate the channel (see plans attached).

Should Council have issued an enforcement notice, the remedial action proposed by the applicant mirrors exactly those works Council would have instructed the landowner to undertake.

This being the case, it is recommended that Council instruct the applicant to proceed to reinstate the channel in the manner proposed in their correspondence dated 23 May 2005.

RECOMMENDATION

moved that the applicant be advised that the channel be reinstated in the manner outlined in correspondence dated 23 May 2005, authored by Ferrier Hodgson.

Seconded

Kelvin Goldstone, MANAGER, ENVIRONMENTAL SERVICES

Development Assessment Panel 1781 Minutes 29 August 2005