Riverland Regional Assessment Panel meeting

AGENDA

20 June 2019

at 1.30pm.

BERRI BARMERA COUNCIL DISTRICT COUNCIL OF LOXTON WAIKERIE RENMARK PARINGA COUNCIL

Notice is hereby given that a meeting of the Riverland Regional Assessment Panel will be held in the District Council of Loxton Waikerie Council Chamber, 29 East Terrace, Loxton, on Thursday 20 June 2019, commencing at 1.30pm.

CHERYLE PEDLER ASSESSMENT MANGER 12 June 2019

Page deliberately left blank THE BERRI BARMERA COUNCIL, DISTRICT COUNCIL OF LOXTON WAIKERIE, RENMARK PARINGA COUNCIL AGENDA FOR A MEETING OF THE RIVERLAND REGIONAL ASSESSMENT PANEL TO BE HELD THURSDAY 20 JUNE 2019 AT 1.30 PM AT THE DISTRICT COUNCIL OF LOXTON WAIKERIE COUNCIL CHAMBER, 29 EAST TERRACE, LOXTON.

Members:

Independent Presiding Member Mr B.G. Ballantyne Independent Members Messrs G.D. Parsons, J.B. McVicar, Ms J Lewis Elected Member Mr T Norton

Staff

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

Assessment Manager Mrs C.G. Pedler

ITEM 1 WELCOME:

ITEM 2 PRESENT:

ITEM 3 APOLOGIES: Mr B.G. Ballantyne, Mrs C.G. Pedler (Assessment Manager)

ITEM 4 CONFIRMATION OF MINUTES The minutes of the meeting held March 21 2019 are attached at appendix for members information and adoption. RECOMMENDATION: That the minutes of the meeting held March 21 2019 be taken as read and confirmed.

ITEM 5 BUSINESS ARISING FROM THE PREVIOUS MINUTES Nil

ITEM 6 DECLARATION OF INTEREST BY MEMBERS OF PANEL:

ITEM 7 HEARING OF REPRESENTATIONS:

ITEM 8 REPORTS:

Item 8.1 Development Application 752/163/19 – Hotondo Homes Riverland

Application No: 752/163/18 Council: Berri Barmera Council Relevant Authority: Berri Barmera Council Applicant: Hotondo Homes Riverland Owner: Current: Nairne/-Halliday Pending: Heinicke & Swart Lodgement date: 20 December 2018 Description of development: Construction of a single-storey detached dwelling including carport under main roof and 22,500 RWT and including clearance of native vegetation. Property details: Lot 1 Spendiff Road, Winkie, as contained in Certificate of Title Volume 5347 Folio 428 Zone / Policy Area: Rural Landscape Protection Zone Map BeBa/13 Development plan provisions: Berri Barmera Council Development Plan, consolidated 8 December 2016 Referrals / Agency consultations: Department for Environment and Water - Native Vegetation Branch Form of assessment: Merit Public notification category: Category 1 Recommendation: Grant Development Plan Consent, subject to conditions and notes Officer: Dylan Grieve File reference: I181220-189 Appendices follow report: Application Forms Plan Drawings 1 – 5 Certificate of Title Native Vegetation Council Advice BACKGROUND: The subject property is currently for sale and the purchase is subject to Development Plan Consent. The agent has marketed the property as “Ready to Build Your Dream Home.” HISTORY OF THE SITE: The subject land was divided from 137 Spendiff Road, Winkie to form its current arrangement in 1996. A shed was approved and built on the subject land in 2012. The subject site is covered with native vegetation. PROPOSED DEVELOPMENT: The development proposes to clear native vegetation to construct a single-storey detached dwelling including carport under main roof and 22,500 RWT. The proposed dwelling is 242.89m² and consists of three bedrooms, carport under main roof with a wall height 2.44m and overall height of 5.39m. A maximum of 600mm cut and fill is required. SUBJECT LAND AND LOCALITY: The subject land is known as Lot 1 Spendiff Road, Winkie as contained in Certificate of Title Volume 5347 Folio 428. The subject land is with the General Bushfire Risk Area.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

SUBJECT SITE

Figure 1: Zone Map (extract) BeBa/13

SUBJECT SITE

Figure 2: Aerial – Locality

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 3: Aerial – Site

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 4: Existing driveway / track

Figure 5 – Proposed dwelling site

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 5 – Existing shed RELEVANT AUTHORITY The relevant authority is the Berri Barmera Council. NATURE OF DEVELOPMENT: A detached dwelling that will not result in more than one dwelling on the allotment is neither complying nor non-complying within the Rural Landscape Protection Zone and therefore must be considered on merit. In accordance with the Development Regulations 2008, except where the development is classified as non- complying under the relevant Development Plan, any development which comprises the construction of one (1) or more detached dwellings is a category 1 form of development for the purposes of public notification. SERIOUSLY AT VARIANCE: In making an assessment of the application, section 35(2) of the Act provides direction to the Panel, in that it must give consideration as to whether the application is seriously at variance with the Berri Barmera Development Plan. 35—Special provisions relating to assessment against Development Plan Subject to subsection (1), a development that is assessed by a relevant authority as being seriously at variance with the relevant Development Plan must not be granted consent. The concept of being “seriously at variance” with the Development Plan is always difficult to define with precision. Debelle J said at (33) in Mar Mina (SA) Pty Ltd v City of Marion Anor “… the expression “seriously at variance with the Development Plan” refers to that which is an important or grave departure in either quantity or degree from the Development Plan.” And it “….is not enough that the proposal might conflict with the Development Plan; it must be seriously at variance with it….” The application is for a detached dwelling the Rural Landscape Protection Zone. It is clear that the Zone envisages detached dwellings, if: • there is a demonstrated connection with farming or other primary production • it does not result in more than one dwelling per allotment • does not require the removal of any native vegetation, and is setback at least 20 metres from any tracts of native vegetation

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

• Therefore the development application cannot be considered seriously at variance with the Development Plan. REFERRALS:

External The subject application was referred to the Department for Environment and Water - Native Vegetation Branch as it proposes the clearance of native vegetation. Advice received: The Native Vegetation Council (NVC) considers that the proposed clearance of 1200m2 of Eucalyptus cyanophylla (Blue leaf Mallee), Eucalyptus gracilis (Yorrell) Mallee woodland satisfies the requirements of Native Vegetation Regulation 5(1)(a) (Attachment 1). The NVC endorses the use of Native Vegetation Regulation 2003 5(1)(a) under delegated authority subject to: 1. Clearance is not to be undertaken until full development authorisation, including building rules consent has been obtained from the Berri Barmera Council for DA No. 752/163/2018;

2. Clearance is restricted to the area as shown in Images 3 & 4 of the supplied report titled: 161 Spendiff Rd, Winkie, Amendment to clearance approval for file 2007/3018/752 Summary Report. February 2019, MJ Humphrey Consulting and as shown in the attached Regulation Advice Plan 2007/3018/752,

3. Clearance areas are to be defined with by pegs, flags or temporary fencing to ensure that native vegetation outside the area is not damaged;

4. Vegetation cleared and any soil excavated is to be stockpiled in areas not supporting native vegetation,

5. Any excavation or fill material surplus to the requirements of the development must be disposed of such that it will not: a. adversely impact native vegetation; b. contribute to erosion or sedimentation; c. facilitate the spread of pest plant and pathogenic material; 6. Achieve a significant environmental benefit (SEB) to offset the clearance of native vegetation over an area of 1.2 hectares by undertaking management of the SEB area as defined on the attached Regulation Advice Plan 2007/3018/752. Management may include weed management, vertebrate pest control and targeted revegetation, if required in accordance with a management plan that has been endorsed by the Native Vegetation Council;

7. The management plan is to be submitted to the Native Vegetation Council for review and endorsement within 3 months of the decision date; and

8. The endorsement shall be valid for a period of 2 years from the decision date, after which time a new endorsement will be required. PUBLIC NOTIFICATION:

The subject application is a category 1 form of development for the purposes of public notification and subsequently was not publically notified.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

DEVELOPMENT PLAN PROVISIONS:

Design and Objectives: 1, and 2 Appearance PDCs: 1, 2, 3, 6, 8, 9, 10, 11, 17, 18, 21 and 23 The proposed dwelling is a sympathetic to the scale of development in the locality and with the context of its setting with regard to shape, size and height. The visual bulk of the proposed dwelling is reduced through design elements such as articulation, windows and variations to facades. The proposed dwelling is well setback from Spendiff Road and unlikely to be visible from adjoining dwellings and will be conditioned to be of natural colours so as to be unobtrusive with the rural landscape and minimise any visual obtrusion. All other Objectives and PDCs are deemed to comply.

Energy Objectives: 1, and 2 Efficiency PDCs: 1 and 2 The proposed northern roof orientation and pitch will facilitate the efficient use of photovoltaic cells. Adequate natural light and winter sunlight is accessible to the main activity areas of the proposed dwelling. All other Objectives and PDCs are deemed to comply.

Orderly and Objectives: 1, 2, 3, 4, 11 and 12 Sustainable PDCs: 1, 2, 3, 4, 6, 7 and 8 Development The proposed dwelling is not associated with established farming activities envisaged in the Rural Landscape Protection Zone. The proposed dwelling has been sited and designed an efficient and co-ordinated manner to not prejudice the orderly development of adjacent land. The proposed ‘rural living’ development is similar to that of adjoining and adjacent properties. All other Objectives and PDCs are deemed to comply.

Residential Objectives: 1 Development PDCs: 5, 7, 8, 10, 11, 12, 13, 14, 16, 17, 19, 20, 22, 23, 24, 25, 26, 37 and 38 The development proposes a 22,500L rainwater tank. The proposed dwelling is a compatible land use and appearance for its setting and comparable with dwellings in the locality in terms of built form elements such as building mass and proportion, ground floor height above natural ground level, roof form and pitch, facade articulation and detailing and window and door proportions and verandas and eaves. All other Objectives and PDCs are deemed to comply.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Zone Section

Rural Landscape Objectives: 1, 2 and 4 Protection Zone PDCs: 1, 2, 5, 6, 7 and 8 DESIRED CHARACTER The zone contains large areas of significant vegetation of high biodiversity conservation value that needs to be protected and retained. The zone also has a mix of other established land uses including wineries, horticulture and rural living. It is not contemplated that these types of land uses be allowed to intensify within the zone.

A detached dwelling is an envisaged form of development within the Zone, but only when associated with established farming activities. The proposed development requires the removal of existing native vegetation. The Native Vegetation Council has conditioned significant environmental benefit (SEB) to offset the clearance of native vegetation. No greater than 1.5 metres excavation and / or filling from natural ground level is required for the construction of the propose dwelling. All other Objectives and PDCs are deemed to comply. SUMMARY:

When assessed against the relevant provisions of the Development Plan and having regard to the context of the locality and the nature of the proposed development, it is considered that the proposal, in its current form, on balance satisfies the relevant provisions of the Development Plan. The proposal is broadly consistent with the desired character of the zone and will not detrimentally impact upon the amenity of the adjoining properties of the locality. The clearance of native vegetation for the construction of a single-storey detached dwelling including carport under main roof and 22,500 RWT. warrants consent, subject to conditions. RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 752/163/18 is not seriously at variance with the Berri Barmera Council Development Plan.

2. The Riverland Regional Assessment Panel determines to grant Development Plan Consent to Development Application 752/163/18 subject to the following conditions and notes: Council conditions: 1. Development is to take place in accordance with the supporting documentation and plans relating to Development Application Number 752/163/18, except as modified by any conditions attached to this Decision Notification, specifically: Plan type Reference Dated Received Prepared By Site Plan - - 20/12/2018 Bernie Milo, Hotondo Homes Site Plan (Part) - - 20/12/2018 Bernie Milo, Hotondo Homes Floor Plan - 18/01/2019 26/02/2019 Bernie Milo, Hotondo Homes Elevations - 26/02/2019 26/02/2019 Bernie Milo, Hotondo Homes Elevations - 26/02/2019 26/02/2019 Bernie Milo, Hotondo Homes 2. The colour of the external roof and/or wall materials shall compliment the natural features of the landscape. 3. The building shall be connected to a wastewater system approved under the South Australian

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Public Health Act 2011. 4. Stormwater run-off is to be disposed of so that no damage is caused to any building structure and does not flow over adjacent property and must be designed so that any overflow during heavy rain periods is prevented from flowing back into the building.

NOTE Prior to building work commencing the applicant shall lodge and have approved by Council an application to install a wastewater system pursuant to the provisions of the South Australian Public Health Act 2011 and South Australian Public Health (Wastewater) Regulations 2013. 5. Stormwater run-off is to be disposed of so that no damage is caused to any building structure and does not flow over adjacent property and must be designed so that any overflow during heavy rain periods is prevented from flowing back into the building.

Native Vegetation Council Conditions: 6. Clearance is not to be undertaken until full development authorisation, including building rules consent has been obtained from the Berri Barmera Council for DA No. 752/163/2018; 7. Clearance is restricted to the area as shown in Images 3 & 4 of the supplied report titled: 161 Spendiff Rd, Winkie, Amendment to clearance approval for file 2007/3018/752 Summary Report. February 2019, MJ Humphrey Consulting and as shown in the attached Regulation Advice Plan 2007/3018/752, 8. Clearance areas are to be defined with by pegs, flags or temporary fencing to ensure that native vegetation outside the area is not damaged; 9. Vegetation cleared and any soil excavated is to be stockpiled in areas not supporting native vegetation, 10. Any excavation or fill material surplus to the requirements of the development must be disposed of such that it will not: a. adversely impact native vegetation; b. contribute to erosion or sedimentation; c. facilitate the spread of pest plant and pathogenic material; 11. Achieve a significant environmental benefit (SEB) to offset the clearance of native vegetation over an area of 1.2 hectares by undertaking management of the SEB area as defined on the attached Regulation Advice Plan 2007/3018/752. Management may include weed management, vertebrate pest control and targeted revegetation, if required in accordance with a management plan that has been endorsed by the Native Vegetation Council; 12. The management plan is to be submitted to the Native Vegetation Council for review and endorsement within 3 months of the decision date; and 13. The endorsement shall be valid for a period of 2 years from the decision date, after which time a new endorsement will be required.

Notes: • The development must be substantially commenced within 12 months of the date of this Notification, unless this period has been extended by Council. • You are advised that any act or work authorised or required by this Notification must be completed within three years of the date of the Notification unless this period is extended by the Council. • The applicant is reminded of its general environmental duty, as required by section 25 of the Environment Protection Act 1993, to take all reasonable and practical measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm. • The River Murray and many of its tributaries and overflow areas have abundant evidence of

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

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

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Item 8.2 Development Application 752/136/18 – 365 Studio

Application No: 752/136/18 Council: Berri Barmera Council Relevant Authority: Berri Barmera Council Applicant: 365 Studio Owner: Dimitri Karlovassitis Lodgement date: 6 November 2018 Description of development: Single-storey building for use as a backpackers hostel (tourist accommodation) containing twelve (12) beds, office and amenities, outbuilding (shed) masonry fence and associated landscaping and car parking. Property details: 9 Bice Street, Barmera, as contained in Certificate of Title Volume 5936 Folio 199 Zone / Policy Area: Town Centre Zone, Map BeBa/16 Development plan provisions: Berri Barmera Council Development Plan, as consolidated 8 December 2016 Referrals / Agency consultations: Nil Form of assessment: Merit Public notification category: Category 2 Recommendation: Grant Development Plan Consent, subject to conditions and notes Officer: Dylan Grieve File reference: I181107-157 Appendices follow report: Application Forms Fence Details Certificate of Title Shed Details Drawings 002-07-18/ WD01-03 Representation Applicants Response BACKGROUND:

The applicant seeks Development Plan Consent for a single-storey building for use as a backpacker’s hostel containing twelve (12) beds, office and amenities, masonry fence and associated landscaping and car parking. The subject site is currently vacant.

HISTORY OF THE SITE:

Prior to 2004 the site contained a single-storey timber framed corrugated iron-clad dwelling with a shop façade with a frontage to Bice Street, garage and carport.

In 2004 a previous owner sought Development Approval to demolish the shed and dwelling.

PROPOSED DEVELOPMENT: The proposal seeks Development Plan Consent for a single-storey building for use as a backpackers hostel backpackers hostel containing twelve (12) beds, office and amenities, outbuilding (shed) masonry fence and associated landscaping and car parking.

The proposed backpackers hostel building is 142.3m² and contains two (2) bedrooms each containing three (3) sets of bunks for a total of twelve (12) beds, shared bathroom and toilet facilities, laundry, kitchen and alfresco and office.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

The proposed building is has a wall height of 2.85m and an overall height of 4.75m. The backpacker’s hostel portion of the proposed building is square shaped with an attached office that has external access only proposed.

The backpacker’s hostel building is proposed to be constructed from tilt up concrete, with a heritage galvanised gable roof without eaves.

The proposed outbuilding shed is 72m² with a wall height of 3.0m and an overall height of 3.45m.

The front fence proposed is 2.4m high. Masonry brick is proposed to a height of 1.0m with powder coated palisade fencing to 2.4m.

Landscaping is proposed with jasmine trellis screening to the backpacker’s hostel building façade, along the north-eastern boundary interface and between the proposed car parking spaces and backpacker’s hostel building. Five (5) trees are also proposed at the frontage of the site to Bice Street.

Six (6) car parking spaces are proposed. No advertising / signage is proposed as part of this application.

Council administration has had numerous meetings with the applicant to improve the design of the proposed development.

SUBJECT LAND AND LOCALITY: The subject land is known as Allotment 99 Bice Street, Barmera as contained in Certificate of Title Volume 5936 Folio 199.

SUBJECT SITE

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 1: Zone Map (extract) BeBa/16

Figure 2: Aerial – Locality

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 3: Aerial – Site

Figure 3: Site from Bice Street

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 4: Adjoining development on Bice Street

Figure 5: Adjoining development on Bice Street

NATURE OF DEVELOPMENT: In determining the nature of development, Council must consider the appropriate definition. In City of Holdfast Bay v Glenelg Backpackers Resort P/L & Needs No ERD-02-180 [2002] SAERDC 80 (27 August 2002), a backpacker’s hostel is describes as a: “facility which would provide short-term board and lodging to those ordinarily described as "backpackers"” Her Honour Judge Trenorden asked: Is a backpackers' hostel to be likened to other forms of short-term accommodation for travellers, such as a hotel and motel? The latter forms of accommodation almost inevitably include a facility variously termed a restaurant or dining room, which is for the benefit of the travellers enjoying the short term accommodation provided in the facility, but also available for use by members of the general public.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Accordingly, a backpacker’s hostel is the most appropriate definition to describe the accommodation proposed. A backpacker’s hostel is neither complying nor non-complying within the Town Centre Zone and accordingly must be considered on merit. PUBLIC NOTIFICATION: In consideration of the category of public notification of the development, Schedule 9 of the Development Regulations 2008 provided specific categorisation: Schedule 9—Public notice categories Part 2—Category 2 development 19 Except where the development falls within Part 1 of this Schedule, is within the City of Adelaide, or is classified as non-complying development under the relevant Development Plan, a change of use of land in a situation referred to in clause 6 of this Schedule where the site is adjacent land to land in a zone under the relevant Development Plan which is different to the zone that applies to the site of the development. The application is therefore considered as Category 2 for the purposes of public notification. One representation was received during public notification from Strata #7542 Owners 14-16 Sturt Street, Barmera. The representation did not object to the proposed development and elected not to be heard by the Panel, but raised matters including: • Fence details • Star of jasmine placement • Existing trees • Car Parking • Shed use and details The owner of the subject site has had discussion with the representor and has agreed to a 2.1m high boundary fence. The remaining points are noted by the applicant, and have been incorporated into the amended plans. SERIOUSLY AT VARIANCE:

In making an assessment of the application, section 35(2) of the Act provides direction to the Panel, in that it must give consideration as to whether the application is seriously at variance with the Berri Barmera Development Plan.

35—Special provisions relating to assessment against Development Plan

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

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

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

The application is for a change of use in the land to a backpacker’s hostel within the own Centre Zone. The desired character of the zone includes that it is intended to accommodate a range of business and commercial uses to serve the needs of Barmera’s residents and visitors.

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

REFERRALS:

While the subject site is within the River Murray Water Protection Area, the Town Centre Zone in Barmera is excluded from referral to the Department for Environment and Water. Internal DEVELOPMENT PLAN PROVISIONS:

General Section

Design and Objectives: 1 and 2 Appearance PDCs: 1, 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 21, 22 and 23 The proposed backpacker’s hostel is of a scale that compliments its setting with regard to shape and height. The front façade of the proposed backpacker’s hostel creates a partially uninterrupted wall facing areas exposed to public view. The proposed backpacker’s hostel has little articulation, particularly within public view; colour and detailing limited to raw pre-fabricated concrete and heritage galvanised roofing; and no significant variation to the street façade. Visual interest to the front façade is proposed from planter boxes and trees along the front wall. The proposed front door location does not emphasise pedestrian entry point access from the public street frontage. No eaves are proposed and no verandah is proposed on the front façade. The development is designed and sited so that outdoor storage, loading and service areas are screened from public view by built form and landscaping. The proposed backpacker’s hostel building does not exhibit a high standard of design, but is compatible with the scale, mass and siting of the buildings in the immediate locality. All other Objectives and PDCs are deemed to comply.

Interface Objectives: 1, 2 and 3 Between Land PDCs: 1, 2, 5, 6 and 7 Uses The proposed layout of the site should minimise the any unreasonable interference, particularly to the adjoining residential development to the north east, as the rear verandah where occupants are likely to gather is orientated to the south-west, which will direct any noise back into the centre of the Town Centre Zone. Similarly, the open space beyond the verandah is orientated in the same direction and noise will be mitigated by the proposed shed and two screens proposed with Jasmine. A condition will be included for a hostel operation management plan that includes addressing noise and outside hours. All other Objectives and PDCs are deemed to comply.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Landscaping, Objectives: 1 and 2 Fences and PDCs: 1, 2, 3, 4, 5 and 6 Walls The proposed 1.8m high Jasmine trellis fencing will assist providing a noise mitigating interface to the adjoining residential development and offer screening to the car parking area. The proposed front fence at the street boundary is 2.4m high including 1m of solid brick fencing from ground level with a 1.4m Securemax 358 mesh fence above. This proposed fence is higher than predominant, attractive fences and walls in the locality and does not assist in highlighting the building entrance. All other Objectives and PDCs are deemed to comply.

Orderly and Objectives: 1, 2, 3, 4, 6, 7, 9, 12 and 13 Sustainable PDCs: 1, 3, 4 and 8 Development A ‘tourist facility’ now superseded in the South Australian Planning Policy Library by ‘tourist accommodation’ is an envisaged form of development within the Town Centre Zone. All other Objectives and PDCs are deemed to comply.

Transportation Objectives: 2 and Access PDCs: 1, 22, 24, 30, 32, 33, 34, 36, 38, 39, 40, 41, Table BeBa/3 - Off Street Vehicle Parking Requirements does not specify car parking spaces for a backpacker’s hostel nor tourist accommodation, however a boarding house requires one (1) car parking space per two (2) beds. The development proposes six (6) car parking spaces. All other Objectives and PDCs are deemed to comply.

Zone Section

Town Centre Objectives: 1, 3, 4 and 5 Zone PDCs: 1, 2, 5, 6 and 7 DESIRED CHARACTER The zone comprises the existing Barmera town centre, which has developed on both sides of the main shopping street, Barwell Avenue. The town centre has an attractive streetscape and outlook over Lake Bonney Riverland, with Barwell Avenue rising gently from the foreshore to community development focussed at the Avenue’s intersection with Pascoe Terrace. Land east of the town centre, on both sides of Sturt Street, is characterised by commercial and minor industrial development with some vacant allotments. The zone is intended to accommodate a range of business and commercial uses to serve the needs of Barmera’s residents and visitors. It is desirable that the zone retain its compact nature by selective redevelopment and limited extension of the town centre in an easterly direction and by provision of off-street car parking facilities where appropriate. It is desirable that the existing character of Barwell Avenue be retained, with new development or redevelopment reinforced by attractive streetscaping and tree planting.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

A ‘tourist facility’ now superseded in the South Australian Planning Policy Library by ‘tourist accommodation’ is an envisaged form of development within the Town Centre Zone. The location of the subject land is at the northern end of Barwell Avenue and is adjacent an existing land use of a similar nature. While the proposed land use has regard to the adjoining residential use the proposed backpackers building is not a development that displays high quality through design and building materials. All other Objectives and PDCs are deemed to comply. SUMMARY: When assessed against the relevant provisions of the Development Plan and having regard to the context of the locality and the nature of the proposed development, it is considered that the proposal, in its current form, on balance, merely satisfies the relevant provisions of the Development Plan. The proposal is broadly consistent with the desired character of the zone and will not detrimentally impact upon the amenity of the adjoining properties of the locality. RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 752/136/18 is not seriously at variance with the Berri Barmera Council Development Plan.

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

Reserved Matters

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

1. An Application and approval for a Wastewater System. 2. Hostel Operation Management Plan.

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

Council conditions: 1. Development is to take place in accordance with the supporting documentation and plans relating to Development Application Number 752/136/18 except as modified by any conditions attached to this Decision Notification, specifically: Plan type Reference Dated Received Prepared By Proposed Site 002-07-18/WD01 - 20/05/2019 365 Design Studio Plan Proposed Site 002-07-18/WD02 - 20/05/2019 365 Design Studio Plan Elevations 002-07-18/WD03 - 20/05/2019 365 Design Studio Fence Details 358 Mesh - 18/04/2018 Dimitri Karlovassitis Securemax Shed Q004386 - 01/03/2019 Grant Sheds

2. Prior to Development Approval details of the proposed fencing between the adjoining residential units shall be provided to the satisfaction of Council.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

3. The premises shall not be occupied or used for the approved purpose until all work has been completed in accordance with the approved application and the conditions of consent. 4. No more than twelve (12) people shall be accommodated within the Backpackers Hostel at any one time. 5. Roof water shall be directed to a rainwater tank with the overflow piped to the street water table or council drain. 6. Construction shall take place between 7.00am and 7.00pm Monday to Saturday and the builder must take all practicable steps to minimise the impact of noise emissions on neighbouring properties. 7. Dust emissions from the site shall be controlled by a dust suppressant or by watering regularly to the reasonable satisfaction of Council. 8. The builder shall at all times provide and maintain a waste receptacle to the reasonable satisfaction of Council on the site in which at all times all builders waste shall be contained for the duration of the construction period and the receptacle shall be emptied as required. 9. The landscaping as detailed in the application for development shall be established prior to occupation/use of the development and shall be maintained in good health and condition at all times. Any such vegetation shall be replaced if and when it dies or becomes seriously diseased with others of the same, or similar, respective varieties. 10. The site shall be landscaped to achieve a high level of amenity commensurate with the locality. 11. The premises shall be kept neat, tidy and free from rubbish and graffiti at all times to the satisfaction of Council. 12. All mechanical devises shall be located, designed and operated so that no nuisance or inconvenience is caused to occupiers of buildings in the locality through the emission of noise, fumes or odours.

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

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Item 8.3 Development Application 752/019/19 – PsychMed

Application No: 752/019/19 Council: Berri Barmera Council Relevant Authority: Berri Barmera Council Applicant: PsychMed Owner: Cramberri Investments Pty Ltd Lodgement date: 22 February 2019 Description of development: Change in land use from shop / office to consulting rooms (psychology) and an advertising sign on building façade (retrospective). Property details: 6 Gilbert Street, Berri, as contained in Certificate of Title Volume 5279 Folio 324 Zone / Policy Area: District Centre Zone - Map Beba/22 Development plan provisions: Berri Barmera Council Development Plan, consolidated 8 December 2016 Referrals / Agency consultations: Nil Form of assessment: Merit Public notification category: Category 2 Recommendation: Grant Development Plan Consent, subject to conditions and notes Officer: Dylan Grieve File reference: I190222-19 Appendices follow report: • Application Forms • Supporting Documentation • Certificate of Title • Representation • Site Plan • Applicants Response BACKGROUND: On 4 December 2018 a representative from PsychMed contacted Council seeking advice regarding opening a psychology clinic in Berri. A property had not yet been acquired by the applicant. Council responded to the applicant with details on the information required for a development application and its lodgement once the applicant finds a suitable property. On 15 February 2019, a Council staff member read in the local newspaper that the proposed psychology consulting rooms were due to open the following week. Council staff visited the subject property and advised the applicant that a development application was required to be lodged prior to its use commencing, as previously advised. On 22 February 2019, the applicant lodged the subject development application. HISTORY OF THE SITE: On 17 May 2005, Council granted consent for a change in use of the land and building to accommodate a shop including the manufacture of customised picture frames (752/062/05). On 23 March 2011, Council granted consent for a change in use of the land from a shop to an office (752/039/11).

PROPOSED DEVELOPMENT: The development application proposes a change in land use from shop / office to consulting rooms (psychology) and an advertising sign on building façade (retrospective).

There are no other physical changes proposed to the existing building.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

The sign is proposed on the front facade of the existing building made from a folded Alucobond Panel that is 800mm high and 2350mm wide in the colours A7090 Ocean Blue, A701 Black and White.

The nature of the business proposed to be conducted at the subject site is a MATRIX program, which is an intensive outpatient addiction recovery program.

The MATRIX groups are run by trained PsychMed psychologists and co-facilitated by a recovered consumer with lived experience. The program incorporates a combination of education about the effect of methamphetamine dependence in the brain and body, evidence-based cognitive behaviour therapy skills, and ways for family and/or others to be helpfully involved in recovery.

Anyone who has become dependent on methamphetamine and who has not used for 3 weeks may be eligible for the program.

There may be some circumstances where individuals will not be eligible to participate in the groups, including:

• Cognitive impairment that causes continual disruption to group discussion due to difficulties with concentration, memory or formal thought disorder (e.g., due to an acute unstable psychotic or bipolar affective disorder, severe attention deficit hyperactivity disorder). • Severe substance use disorder (other than psychostimulants) requiring detoxification and/or maintenance pharmacotherapy to stabilise (e.g., alcohol, cannabis, non-prescribed benzodiazepines, non-prescribed opioids). • Repeated self-injury, suicidal threats or gestures. • Individuals who consistently engage in hostile, bullying, threatening or belittling interactions, or threaten other group members’ sense of safety.

SUBJECT LAND AND LOCALITY: The subject land is known as 6 Gilbert Street, Berri, as contained in Certificate of Title Volume 5279 Folio 324.

SUBJECT SITE

Figure 1: Zone Map (extract) BeBa/23

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

SUBJECT SITE

Figure 2: Location Map (extract) BeBa/22

SUBJECT SITE

Figure 3: Aerial – Locality

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 4: Aerial – Site

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 5: Subject building

Figure 6: Car parking area at rear of building

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 7: Proposed signage

RELEVANT AUTHORITY The relevant authority is the Berri Barmera Council and the application has been referred to the Riverland Regional Assessment Panel for a decision.

NATURE OF DEVELOPMENT:

A consulting room is “a building or part of a building (not being a hospital) used in the practice of a profession by a medical, veterinary or dental practitioner, or a practitioner in any curative science, in the provision of medical services, mental, moral or family guidance…” Both a consulting room and advertisements are neither complying nor non-complying within the District Centre Zone, therefore must be assessed on merit. Categories of public notification are prescribed in Schedule 9 of the Development Regulations 2008. The application is a category two (2) form of development as it involves a change of use of land in a situation referred to in clause 6 of this Schedule where the site is adjacent land to land in a zone under the relevant Development Plan which is different to the zone that applies to the site of the development.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

PUBLIC NOTIFICATION:

The application was subject to category two (2) public notification. One (1) representation was received during the public notification period and raised concern regarding the following matters: • Safety of staff and customers • Retrospective application • No consultation • Car parking • Signage • Objects to the proposal The applicant’s response to the representation is summarised below: • Enough parking for up to ten (10) vehicles • Operate between 11.00am until 1.30pm • The neighbouring business should not be affected financially due to the nature of our services. We have run this program at our 4 metropolitan offices since 2016 and have never received any complaint or concerns, nor have we had any incident that’s affected surrounding businesses or residential properties. • PsychMed has the ability of offering a free service to people who are attempting to improve the quality of their lives and that of their local community by striving towards their recovery and freedom from drug addiction. REFERRALS:

Nil SERIOUSLY AT VARIANCE:

In making an assessment of the application, section 35(2) of the Act provides direction to the Panel, in that it must give consideration as to whether the application is seriously at variance with the Berri Barmera Development Plan. 35—Special provisions relating to assessment against Development Plan

(3) Subject to subsection (1), a development that is assessed by a relevant authority as being seriously at variance with the relevant Development Plan must not be granted consent. The concept of being “seriously at variance” with the Development Plan is always difficult to define with precision. Debelle J said at (33) in Mar Mina (SA) Pty Ltd v City of Marion Anor “… the expression “seriously at variance with the Development Plan” refers to that which is an important or grave departure in either quantity or degree from the Development Plan.” And it “….is not enough that the proposal might conflict with the Development Plan; it must be seriously at variance with it….” The application is for a change of land use to consulting rooms (psychology) and an advertising sign on building façade (retrospective) within the District Centre Zone. Consulting rooms are a form of development that is envisaged in the District Centre Zone, therefore the development application cannot be considered seriously at variance with the Development Plan.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

DEVELOPMENT PLAN PROVISIONS:

Advertisements Objectives: 1, 2 and 3 PDCs: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13 The sign is proposed on the front facade of the existing building made from a folded Alucobond Panel that is 800mm high and 2350mm wide in the colours A7090 Ocean Blue, A701 Black and White. The proposed sign is not illuminated.

The location, siting, design, materials, size, and shape of the proposed advertisement is co-ordinated with and complement the architectural form and design of the building it is proposed to be located on to identify the tenants and their type of business.

All other Objectives and PDCs are deemed to comply.

Interface Objectives: 1, 2 and 3 between Land PDCs: 1, 2 and 5 Uses The consulting rooms are proposed to operate between 9.00am until 5.00pm on weekdays. These times are consistent with business operations in the District Centre Zone and the business operations are contained within the existing building on the subject land. All other Objectives and PDCs are deemed to comply.

Orderly and Objectives: 1, 2, 3, 4, 5, 6, 7, 8, 12 and 13 Sustainable PDCs: 1, 3, 4 and 7 Development Consulting rooms are a form of development that is envisaged in the District Centre Zone. All other Objectives and PDCs are deemed to comply.

Transportation Objectives: 2 and Access PDCs: 1, 32, 33, 39, 40 and 41

The proposed consulting room contains one (1) room proposed to be used for counselling sessions that requires four (4) car parking spaces. There is also a room that can be utilised for an office that requires a further four (4) car parking spaces. While the applicant has indicated that ten (10) car parking spaces are available at the rear of the building on the subject land, there is really only space for seven car (7) parking spaces considering that manoeuvring space is required in order for vehicles to enter and exit the subject land in a forward direction. The shortfall of one (1) car parking is considered only a minor non-compliance and will not negatively affect the car parking demand for the proposed land use. The existing car parking at the rear of the existing building is gravel. All other Objectives and PDCs are deemed to comply.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Zone Section

District Centre Objectives: 1, 2, 3 and 4 Zone PDCs: 1, 4, 5, 6, 9 and 10

DESIRED CHARACTER The zone, wherein retail and business development is concentrated, primarily embraces two discrete areas in the town of Berri, being the Berri District Centre, bisected by Vaughan Terrace and also an integrated centre site off Kay Avenue on the eastern margins of the town of Berri. The retail focus in Berri District Centre has, over an extended period, shifted to the eastern side of Vaughan Terrace where comprehensive, integrated retail development has taken place. Major new retail developments are best focussed however on either side of Vaughan Terrace, providing integrated rear car parking promoting pedestrian flows within the District Centre and providing for public amenities and conveniences. Berri is a regional administrative centre and it is desirable to further strengthen this role through new office development focussed on that portion of the Berri District Centre north of Kay Avenue/Wilson Street. Consulting rooms are a form of development that is envisaged in the District Centre Zone. The operating hours of the proposed consulting rooms will not conflict with the adjoining and adjacent recreation and residential zones and land uses. Given the existing small-scale commercial land uses along gilbert street in similar former dwelling buildings, the proposed development is considered to be orderly and integrated with preceding development, thereby contributing and promoting the centre’s long-term orderly expansion and cohesion. The proposed advertising sign is below the roof level and is limited to information relating to the proposed use of the associated land. All other Objectives and PDCs are deemed to comply. SUMMARY: When assessed against the relevant provisions of the Development Plan and having regard to the context of the locality and the nature of the proposed development, it is considered that the proposal, in its current form, on balance satisfies the relevant provisions of the Development Plan. The proposal is broadly consistent with the desired character of the zone and will not detrimentally impact upon the amenity of the adjoining properties of the locality. The proposed change in land use from shop / office to consulting rooms (psychology) and an advertising sign on building façade (retrospective) warrants consent, subject to conditions.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 752/019/19 is not seriously at variance with the Berri Barmera Council Development Plan. 2. The Riverland Regional Assessment Panel determines to grant Development Plan Consent to Development Application 752/019/19 subject to the following conditions and notes:

Council conditions: 1. Development is to take place in accordance with the supporting documentation and plans relating to Development Application Number 752/019/19, except as modified by any conditions attached to this Decision Notification, specifically: Plan type Reference Dated Received Prepared By Site Plan - - 22/02/2019 Psychmed Email Re: Change of Use 22/02/2019 22/02/2019 Gabrielle Windley Application Letter Category 2 Notification 23/04/2019 22/04/2019 Sue Lemon 2. The premises shall not be used outside the hours of 9.00am to 5.00pm Monday to Friday. 3. The building herein approved shall not be used for human habitation or occupation. 4. The car parking areas shall be line-marked and maintained in accordance with Australian Standard AS 2890 Parking Facilities. Notes: • The development must be substantially commenced within 12 months of the date of this Notification, unless this period has been extended by Council. • You are advised that any act or work authorised or required by this Notification must be completed within three years of the date of the Notification unless this period is extended by the Council. • The applicant is reminded of its general environmental duty, as required by section 25 of the Environment Protection Act 1993, to take all reasonable and practical measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm. • The River Murray and many of its tributaries and overflow areas have abundant evidence of Aboriginal occupation. Under Section 20 of the Aboriginal Heritage Act 1988 (The Act), as an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister for Aboriginal Affairs and Reconciliation, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. Penalties may apply for failure to comply with the Act. • It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Item 8.4 Development Application 752/D003/18 – Karlovassitis

Application No: 752/D003/18 Council: Berri Barmera Council Relevant Authority: Berri Barmera Council Applicant: Despina Karlovassitis Owner: Despina, Parry and Kathy Karlovassitis Lodgement date: 27 June 2018 Description of development: Land division – three (3) allotments into four (4) to create one (1) additional allotment Property details: 317 Riverview Drive, Berri as contained in Certificate of Title Volume 6173 Folios 324, 326 and 328 Zone / Policy Area: River Murray Flood Zone and Primary Production Zone, Horticulture Policy Area 1 as delineated on Map BeBa/23 Development plan provisions: Berri Barmera Council Development Plan, consolidated - 8 December 2016 Referrals / Agency consultations: State Commission Assessment Panel SA Water Central Irrigation Trust Form of assessment: Merit Public notification category: Category 1 Recommendation: • Grant Development Plan Consent, Land Division Consent and Development Approval subject to conditions and notes Officer: Dylan Grieve File reference: A7793, A7794, A7795 Appendices follow report: • Application • SCAP Advice • Certificates of Title • CIT Advice • Plan of Division – reference • Statement of Support 03918PROPrevA 30/05/2018

BACKGROUND:

The applicant seeks Development Plan and Land Division Consent for land division of three (3) allotments into four (4) to create one (1) additional allotment from the subject land, comprising: • Section 31 (CT 6173/326), located at 317 Riverview Drive, Berri is owned by Despina Karlovassitis and is 4.051ha. This allotment is primarily contained within the River Murray Flood Zone with a small portion of the north-western part of the allotment contained within the Primary Production Zone – Horticulture Policy Area 1. • Section 813 (CT 6173/328), located on Riverview Drive, Berri is owned by Kathy Karlovassitis and is 8.009ha. This allotment is primarily contained within the River Murray Flood Zone with a portion of its access handle contained within the Primary Production Zone – Horticulture Policy Area 1.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

• Section 1538 (CT 6173/324), located along Riverview Drive, Berri is owned by Parry Karlovassitis and is 9.45ha. This allotment is wholly contained within the River Murray Flood Zone. This allotment does not form part of the proposed land division except to facilitate the creation of an easement for water supply purposes for proposed Allotment 69.

HISTORY OF THE SITE:

Section 31 contains a dwelling and has a frontage to Riverview Drive and Chilton Road, with access to this allotment gained from Riverview Drive. Section 31 has historically been used for viticulture purposes, but that use has ceased.

Section 813 is free of any built form and has a frontage Riverview Drive, with access to the allotment gained from Chilton Road and includes a 140m access handle. This allotment has been used for a variety of horticultural uses, but is currently unused.

PROPOSED DEVELOPMENT:

The proposed land division seeks to realign the existing boundary between Sections 31 and 813 to the southwest to incorporate the existing outbuildings on the same allotment as the existing dwelling, to be contained within proposed Allotment 66.

It is also proposed to excise the existing dwelling and outbuilding into proposed Allotment 66 – 2.448ha, creating an additional allotment, Allotment 65 – 2.202ha.

Section 1538 does not form part of the proposed land division, except to facilitate the creation of an easement for water supply purposes, and identification, as proposed Allotment 69.

Any dwelling proposed to be built within the Primary Production Zone portion of the proposed allotment 65 would be a non-complying form of development and any dwelling on proposed allotments 65, 68 or 69 within the River Murray Flood Zone would be non-complying forms of development.

SUBJECT LAND AND LOCALITY: The subject land is known as 317 Riverview Drive, Berri as contained in Certificate of Title Volume 6173 Folios 324, 326 and 328.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

SUBJECT SITE

Figure 1: Zone Map (extract) BeBa/23

SUBJECT SITE

Figure 2: Policy Map (extract) BeBa/23

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

SUBJECT SITE

Figure 3: Aerial – Locality

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Existing access points Existing access point

SUBJECT SITE

Figure 4: Aerial – Site

Figure 5: Existing sheds and dwelling

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 6: Existing sheds and dwelling

Figure 7: Existing Chilton Road access points

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 7: Existing Riverview Drive access point

Figure 8: Southern portion of subject site

The subject land, comprising three (3) allotments, is relatively flat and contains a residential dwelling and farm buildings that are clustered together. The land has and has had substantial horticulture plantings on the site.

NATURE OF DEVELOPMENT:

The large majority of the subject land is located within the River Murray Flood Zone. A small portion of the subject land is located within the Primary Production Zone. The Primary Production Zone non-complying list for this zone states that a land division is a non-complying form of development except where it achieves any of the following:

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

The land division is located within the Horticulture Policy Area 1 so therefore only paragraph (b) is relevant. The land division does not meet (b)(i), above, in that all allotments resulting from the division are not at least 8 hectares in area. The land division does not meet (b)(ii) in that allotment 65 (the allotment to be located within the Primary Production Zone) does not contain an existing dwelling. However, the land division does meet (b)(iii) in that the land division does not create an additional allotment within the Primary Production zone. This is because only a small portion of the current allotment 31 falls within the Primary Production Zone. This very small portion is not affected by the proposed land division other than by the fact that the portion will, if the land division is approved, be located within the new allotment 65 rather than allotment 31. The exception in (b)(iii) applies and the proposed land division is not a non-complying form of development by reason of the Primary Production Zone non-complying list. The River Murray Flood Zone non-complying list provides that land division is a non-complying form of development:

The exception listed at (a) applies in this instance because the land division creates an allotment to accommodate an existing dwelling. On the basis that the proposed land division is not listed as a non-complying form of development within either the Primary Production Zone or the River Murray Flood Zone, therefore, the proposed land division is not to be considered a non-complying form of development. The proposed land division is not listed as a complying form of development pursuant to the Development Regulations 2008 (“the Regulations”). On the basis that the proposed land division is neither a complying nor non-complying form of development and is a merit form of development. Any dwelling proposed to be built within the Primary Production Zone portion of the proposed allotment 65 would be a non-complying form of development and any dwelling on proposed allotments 65, 68 or 69 within the River Murray Flood Zone would be non-complying forms of development.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

PUBLIC NOTIFICATION:

Public notification categories are provided in Schedule 9 of the Regulations; Part 1 clause 2(f) lists the division of land which creates not more than 4 additional allotments as a category 1 form of development. As the proposed land division creates 1 additional allotment our advice is that it constitutes a category 1 form of development for the purposes of public notification. SERIOUSLY AT VARIANCE:

In making an assessment of the application, section 35(2) of the Act provides direction to the Panel, in that it must give consideration as to whether the application is seriously at variance with the Berri Barmera Development Plan. 35—Special provisions relating to assessment against Development Plan

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

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

The application is for a land division within the River Murray Flood Zone and Primary Production (Horticulture Policy Area 1). Within the River Murray Flood Zone and Primary Production (Horticulture Policy Area 1) it is clear that both Zones and Policy Area both envisage land division, albeit it not at the intensity this application proposes. However, given the application does propose land division, it can not therefore be considered seriously at variance with the Development Plan. REFERRALS:

A final plan complying with the requirements for plans as set out in the Manual of State Commission Survey Practice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar Assessment Panel General to be lodged with the Development Assessment Commission for Land Division Certificate purposes.

SA Water No direct water or sewer available. Corporation

The Berri Irrigation Trust Inc. (Trust) supplies water to the proposed subdivision for irrigation purposes through 3 irrigation outlets (0117, 0134 & 0145). After viewing the proposed plans, we have the following requirements: Central Irrigation 1. That an easement be provided to protect any water supply infrastructure supplying Trust proposed Allotment 66 that crosses proposed Allotment 65. 2. That an easement be provided to protect the drainage infrastructure of the Berri Irrigation Trust that runs along the southern boundary of proposed allotment 68, plan attached)

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Berri Barmera No issues raised – recommended a condition of approval relating to the existing Council dwelling’s wastewater system.

DEVELOPMENT PLAN PROVISIONS:

Infrastructure Objectives: 1 PDCs: 1 and 2 The proposed allotments will each have access to an available electricity supply. Water supply is proposed to be maintained to proposed allotment 66 by an easement over proposed allotment 65. All other Objectives and PDCs are deemed to comply.

Interface Objectives: 1, 2 and 3 between land PDCs: 1, 2, 17, 18 and 20 uses The existing dwelling on proposed allotment 66 will result in a setback of approximately 30m from the boundary of proposed allotment 68 and approximately 36m from the boundary of proposed allotment 65. As the setback distance is proposed to be increased between the existing dwelling and the boundary of proposed allotment 68 and its ongoing land use, there is unlikely to be any change to the impacts of noise, odour or hours of operation. Similarly, and dependant on the future land use, if a dwelling was proposed on proposed allotment 65, albeit it will be a non-complying form of development, a building envelope located 40 metres wide between the dwelling and the allotment boundary can be achieved to minimise impacts from sprays, dust and noise from horticultural activities. All other Objectives and PDCs are deemed to comply.

Land Division Objectives: 1, 2, 3 and 4 PDCs: 1, 2, 4, 5, 8, 11, 12, 21 and 22 The proposed allotment 66 is intended to excise the existing dwelling into its own allotment with access from an existing access point on Riverview Drive. Proposed allotment 65 is 2.202ha. Its future land use is not formally proposed, but the applicant’s representative has indicated that it is fit for purpose for land uses such as a solar farm. Uses such as a residential dwelling, horticulture, tourist accommodation are non-complying uses within the River Murray Flood Zone. The proposed allotments will have an orientation, size and configuration to encourage development that minimises the need for earthworks and retaining walls and does not require the removal of native vegetation to facilitate the land division. The majority of proposed allotment 65 is within the 1956 Flood Boundary. Should approval be granted for land division to create proposed allotment 65 and then it is offered for sale, it is likely that potential purchasers will mainly enquire about the potential of a dwelling on the site, which is a non- complying form of development within the River Murray Flood Zone.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

All other Objectives and PDCs are deemed to comply.

Orderly and Objectives: 3 Sustainable PDCs: 1 Development The proposed land division to create allotments 66, 68 and 69 will not prejudice their existing and continued land uses. The creation of proposed allotment 65 within the River Murray Flood Zone will unlikely be utilised for development envisaged in the zone being a structure for the purpose of public recreation or water extraction. However, proposed allotment 65 also falls partly within the Primary Production Zone – Horticulture Policy Area 1 where farming, horticulture and a dwelling associated with envisaged forms of development are foreseen. However, given that any of these uses will straddle the River Murray Flood Zone a future application for farming, horticulture and / or a dwelling will be a non-complying form of development. All other Objectives and PDCs are deemed to comply.

Transportation Objectives: 2 and Access PDCs: 2 The proposed land division will create allotments that will have access to Council maintained bitumen roads. All other Objectives and PDCs are deemed to comply.

Zone Section River Murray Flood Zone No Desired Character Statement

River Murray Objectives: 5 Flood Zone PDCs: 24 and 25

The proposed land division creates an allotment to accommodate an existing dwelling and its proposed boundary with allotment 68 is an adjustment of allotment boundaries to remove an anomaly in the current boundaries with respect to the location of existing buildings or structures. Should approval be granted for land division to create proposed allotment 65 and then it is offered for sale, it is likely that potential purchasers will mainly enquire about the potential of a dwelling on the site, which is a non- complying form of development within the River Murray Flood Zone. While a dwelling would be non-complying on proposed allotment 65, the River Murray Flood Zone does contemplate the occurrence of dwellings in this zone by anticipating replacement dwellings and associated domestic outbuildings. SUMMARY:

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

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

The land division – three (3) allotments into four (4) to create one (1) additional allotment warrants consent, subject to conditions. RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 752/D003/18 is not seriously at variance with the Berri Barmera Council Development Plan. 2. The Riverland Regional Assessment Panel determines to grant Development Plan Consent and Land Division Consent to Development Application 752/D003/18 subject to the following conditions and notes: Council conditions: 1. Development is to take place in accordance with the supporting documentation and plans relating to Development Application Number 752/D003/18, except as modified by any conditions attached to this Decision Notification, specifically: Plan type Referenc Dated Received Prepared By e Plan of Proposed 03918P Anderson Division, Easement & ROPrev 22/03/2018 27/06/2018 Surveyors Pty Redesignation B Ltd 2. All internal pipework (water and wastewater) that crosses the allotment boundaries shall be severed or redirected to ensure that the pipework relating to each allotment is contained within its boundaries. Land division conditions: 1. A final plan complying with the requirements for plans as set out in the Manual of Survey Practice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to be lodged with the Development Assessment Commission for Land Division Certificate purposes. 2. That an easement be provided to protect any water supply infrastructure supplying proposed Allotment 66 that crosses proposed Allotment 65. 3. That an easement be provided to protect the drainage infrastructure of the Berri Irrigation Trust that runs along the southern boundary of proposed allotment 68, plan attached) Notes: • The development must be substantially commenced within 12 months of the date of this Notification, unless this period has been extended by Council. • You are advised that any act or work authorised or required by this Notification must be completed within three years of the date of the Notification unless this period is extended by the Council. • The applicant is reminded of its general environmental duty, as required by section 25 of the Environment Protection Act 1993, to take all reasonable and practical measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm. • The River Murray and many of its tributaries and overflow areas have abundant evidence of Aboriginal occupation. Under Section 20 of the Aboriginal Heritage Act 1988 (The Act), as an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister for Aboriginal Affairs and Reconciliation, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. Penalties may apply for failure to comply with the Act. • It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Item 8.5 Development Application 752/D009/18 – Bariamis

Application No: 752/D009/18 Council: Berri Barmera Council Relevant Authority: Berri Barmera Council Applicant: Gerries and Koula Bariamis Owner: Gerries and Koula Bariamis Lodgement date: 14 November 2018 Description of development: Land division – two (2) allotments into five (5) to create three (3) additional allotments Property details: 107 Chilton Road, Berri, as contained in Certificate of Title Volume 5404 Folio 215 and Volume 6214 Folio 96 Zone / Policy Area: Rural Living Zone, Precinct 6 Berri East Country Living Map BeBa/23 Development plan provisions: Berri Barmera Council Development Plan, consolidated - 8 December 2016 Referrals / Agency consultations: State Commission Assessment Panel SA Water Corporation Central Irrigation Trust Form of assessment: Merit Public notification category: Category 1 Recommendation: • Defer the application and request the applicant provide a wastewater engineers report to demonstrate that the proposed allotments have the capacity for an on-site wastewater system. Officer: Dylan Grieve File reference: I181129-171 Appendices follow report: • Application • SCAP Advice • Certificates of Title • CIT Advice • Plan of Division – reference • SA Water Advice • 6103da2_190513 Statement of Support BACKGROUND:

The applicant seeks Development Plan and Land Division Consent for land division of two (2) allotments into five (5) to create three (3) additional allotments from the subject land, comprising: • Allotment 2 (CT 5404/215), located at 107 Chilton Road, Berri and is wholly contained within the Rural Living Zone. • Allotment 12 (CT 6214/96), located on Riverview Drive and contains approximately 6.2ha of vines and is partly contained within the Rural Living and River Murray Flood Zones. • The proposed land division and subsequent additional allotments are wholly contained within the Rural Living Zone. No additional allotment are wholly are partly proposed to be created within the River Murray Flood Zone.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

HISTORY OF THE SITE:

107 Chilton Road, Berri and contains a single-storey detached dwelling and approximately 1,500m² of vines.

Allotment 12 Riverview Drive and contains approximately 6.2ha of vines.

PROPOSED DEVELOPMENT:

The proposed land division seeks to create three (3) additional allotments all with a frontage to Chilton Road.

Proposed allotment 21 is proposed to contain the existing dwelling.

Proposed allotments 22, 23 and 24 are proposed to be rural living type allotments.

Proposed allotments 21, 22, 23 and 24 are wholly contained within the Rural Living Zone.

Proposed allotment 20 is partly contained within the Rural Living Zone and partly contained within the River Murray Flood Zone and contains the existing vineyard.

SUBJECT LAND AND LOCALITY:

The subject land is known as 107 Chilton Road and Allotment 12 Riverview Drive as contained in Certificate of Title Volume 5404 Folio 215 and Certificate of Title Volume 6214 Folio 96.

SUBJECT SITE

Figure 1: Zone Map (extract) BeBa/23

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

SUBJECT SITE

Figure 2: Policy Map (extract) BeBa/23

SUBJECT SITE

Figure 3: Aerial – Locality

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 4: Aerial – Site

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 5: Existing dwelling – 107 Chilton Road, Berri

Figure 6: Area of proposed Chilton Road allotments

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 7: Location of existing shed looking south-west to proposed allotments and existing dwelling NATURE OF DEVELOPMENT:

The subject land division is within the Rural Living Zone and all proposed allotments resulting from the division are at least 2000m² within Precinct 6 Berri East Country Living and are undertaken in a staged manner in accordance with the staging and infrastructure. There are no additional allotments, wholly or partly, that are proposed to be created within the River Murray Flood Zone and the re-alignment of the boundary of Allotment 12 Riverview Drive is contained within the Rural Living Zone. Therefore the proposed land division is neither complying nor non-complying and therefore must be assessed on merit. In accordance with the Development Regulations 2008, except where the development is classified as non- complying under the relevant Development Plan, any development which comprises the division of land which creates not more than 4 additional allotments is a category 1 form of development for the purposes of public notification. SERIOUSLY AT VARIANCE:

In making an assessment of the application, section 35(2) of the Act provides direction to the Panel, in that it must give consideration as to whether the application is seriously at variance with the Berri Barmera Development Plan.

35—Special provisions relating to assessment against Development Plan

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

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

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

The application is for a land division within the Rural Living Zone where all allotments resulting from the division are at least 2000m² within Precinct 6 Berri East Country Living. Therefore, it can not therefore be considered seriously at variance with the Development Plan. REFERRALS:

1. Payment of $8736.00 into the Planning and Development Fund (3 allotment/s @ $2912.00 /allotment). Payment may be made by credit card via the internet at www.edala.sa.gov.au or by phone (7109 7018), by cheque payable to the State Planning Commission marked “Not Negotiable” and sent to GPO Box 1815, Adelaide 5001 or in person, by cheque or credit card, at Level 5, 50 Flinders State Commission Street, Adelaide. Assessment Panel

2. A final plan complying with the requirements for plans as set out in the Manual of Survey Practice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to be lodged with the State Commission Assessment Panel for Land Division Certificate purposes. SA Water No direct water or sewer available. Corporation

The Berri Irrigation Trust Inc. (Trust) supplies water to the proposed subdivision for irrigation and household purposes through 1 irrigation outlet (0115) and 1 domestic outlet (01038). After viewing the proposed plans, we have the following requirements: Central Irrigation 1. That an easement(s) be provided to protect any water supply infrastructure Trust supplying proposed Allotments 21, 22, 23 & 24 that cross proposed Allotment 20.

2. Should a water supply from the Berri Irrigation Trust be require for proposed Allotments 22, 23 and 24 that this will require application to the Trust, payment of the appropriate application and the provision of 1 ML of water entitlement per Allotment or equivalent as provided for under Trust policy.

Berri Barmera Wastewater Engineers Report required to be supplied by the applicant. Council

DEVELOPMENT PLAN PROVISIONS:

Infrastructure Objectives: 1 PDCs: 1 and 2 The proposed allotments will each have access to an available electricity and water supply. Proposed allotments cannot be connected to the Berri Community Wastewater Management system. Council administration requested a Wastewater Engineers Report from the applicant, however, the applicant believes that this request is not appropriate and that it should be carried out at the time of a development application for dwelling construction. All other Objectives and PDCs are deemed to comply.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Interface Objectives: 1, 2 and 3 between land PDCs: 1, 2, 17 and 18 uses The existing dwelling on proposed allotment 21 is located approximately 22m from the boundary adjoining horticultural activities that are also within the Rural Living Zone. As the proposed allotments are within the Rural Living Zone there is a reasonable expectation of future dwelling and domestic outbuilding development application. The site depth and width provides scope for dwellings to be designed and sited to protect residents from potential adverse impacts from non-residential activities from adjoining proposed allotment 20 and adjacent horticultural activities. The adequate width and depth of the proposed allotments, adjacent to land used for primary production (within either the zone or adjacent zones), provide for appropriate setbacks and subsequent vegetative plantings designed to minimise the potential impacts of chemical spray drift and other impacts associated with primary production All other Objectives and PDCs are deemed to comply.

Land Division Objectives: 1, 2, 3 and 4 PDCs: 1, 2, 4, 5, 8, 11, 12, 21 and 22

Each proposed allotment is of a size, shape, location, slope that makes the proposed allotments suitable for their intended use. Each proposed allotment has a frontage to an existing public road. The applicant proposes a septic tank for the disposal of wastewater, sewage and other effluent for each proposed rural living allotment. All other Objectives and PDCs are deemed to comply.

Orderly and Objectives: 3 Sustainable PDCs: 1 Development The proposed land division will not prejudice the development of the zone, particularly farming and dwelling land uses, in the immediate locality for its intended purpose. All other Objectives and PDCs are deemed to comply.

Transportation Objectives: 2 and Access PDCs: 2 The proposed land division will create allotments that will have access to Council maintained bitumen roads. All other Objectives and PDCs are deemed to comply.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Zone Section Rural Living Zone Desired Character Parts of the zone comprise an extensive area of land on the southern side of the Old Sturt Highway as far as the River Murray Flood Zone and also along the northern side of that road entrance to Berri. It contains a mix of land uses. Despite the historical form of development, it is intended that the visual character of the zone be upgraded. To achieve this upgrade, it is desirable that the existing open character of the zone be retained and developed further with horticulture, country living and public open space in a manner which improves the appearance of this approach to the town. In addition, the zone also comprises land on the western approach to Barmera. It contains predominantly horticultural land and it is desirable that the approach be upgraded and the horticultural character preserved. Precinct 6 Berri East Country Living This precinct includes land on the eastern town boundary of Berri, bounded by Chilton Road, Fenwick Road, Burgess Road and the 1956 River Murray Flood Plain. The land has been identified as part of the long term Structure Plan for the growth of the township of Berri, in association with the Deferred Urban Zone and undeveloped areas of the Residential Zone. Any future development of the land is expected to be connected to the Berri township Community Wastewater Management System.

Rural Living Objectives: 1, 2 and 3 Zone PDCs: 1, 9 and 10

The proposed land division creates allotments with a minimum area of 2000 square metres within Precinct 6 Berri East Country Living. A buffer of at least at least 40 metres in width where the proposed allotments abut land used for horticultural activities, warranted by the potential risk of transfer of sprays, dust and noise is unlikely to be achieved. The proposed rural living allotments cannot be connected to the Berri Community Wastewater Management system. The subject land is within Stage 3 of the Rural Living Zone Infrastructure and Staging Concept Plan. Stages 1 and 2 are yet to be developed. Proposed allotments 20, 22, 23 and 24 are within the indicative area for stormwater disposal and detention (to pre-development 100 year ARI). SUMMARY:

The consideration as to whether Development Plan Consent should be granted to the proposed development involves three primary concerns. The first requires an identification of the intended character imprinted upon the particular locality by the Development Plan. Secondly, there must be an assessment as to how the features of the proposed development may impinge upon that character and the associated amenity. Thirdly, a planning judgment made in the exercise of discretion will be reached by weighing the extent of compatibility between the proposed development and the Development Plan. The implications of the application should be carefully scrutinised. Further, in making an assessment, the Panel must also consider that not all planning issues are of equal weight. The first consideration must be of the suitability of the proposed use: "at least prima facie, a suitable

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019. and appropriate use of the subject land having regard to the provisions of the development plan", and after the land use is found suitable, then issues of, for example, infrastructure provision, character and amenity, and functional performance, should be considered. Whilst the provisions of a Development Plan are not mandatory, provisions of the Plan are directory and persuasive and one would normally expect a planning authority and the court to apply them unless, as a matter of judgment, there is good reason to depart from them. The proposed land division proposes to create allotments that are an adequate size within the Rural Living Zone - Precinct 6 Berri East Country Living. A buffer of at least at least 40 metres in width where the proposed allotments abut land used for horticultural activities, warranted by the potential risk of transfer of sprays, dust and noise, is unlikely to be achieved. The proposed rural living allotments cannot be connected to the Berri Community Wastewater Management system and despite requested, a Wastewater Engineers Report has not been supplied by the applicant . The subject land is within Stage 3 of the Rural Living Zone Infrastructure and Staging Concept Plan. Stages 1 and 2 are yet to be developed. I therefore recommend that Development Application 752/D009/18 is deferred in order for the applicant to provide a Wastewater Engineers Report to the satisfaction of Council.

RECOMMENDATION: 3. The Riverland Regional Assessment Panel determines that Development Application 752/D009/18 deferred in order for the applicant to provide a Wastewater Engineers Report to the satisfaction of Council.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

8.6 Development Application 551/215/16 - Walker

Application No: 551/215/16 Relevant Authority: District Council of Loxton Waikerie Applicant: N Walker Owner: N and S Walker Description of development: Detached dwelling Property details: Lot 1 Pioneer Landing Drive, Loxton Zone Rural Living Development Plan Loxton Waikerie Development Plan 25 July 2013 (application lodged 9 September 2016) Referrals / Agency consultations: District Council of Loxton Waikerie Nature of Development Merit Public notification category Category 1 Recommendation: To grant Development Plan Consent, subject to conditions Officer: David Altmann, Consultant Planner PROPOSED DEVELOPMENT The applicant seeks Development Plan Consent for a single storey detached dwelling. On advice of Council’s legal adviser, the application is reported to the Riverland Regional Assessment Panel, on the basis that an interrelated Land Management Agreement needs consideration/deliberation. The proposed dwelling exhibits:- • A single storey form • A modern conventional style • A floor area of 315 square metres (living – 225 square metres) • External materials and finishes of brick (rendered finish – fawn colour) and limestone blockwork, colourbond iron roof (woodland grey) and aluminium window frames. The site of the dwelling is to the northern part of the land, set to the north of the existing shed and at a lower level to that of the shed. The site has a moderate slope down towards the river valley and will require cut and fill earthworks with associated batters. A Land Management Agreement 2005 is registered over the land – as it relates to the land, it establishes a building envelope area to guide the location of a dwelling and other miscellaneous requirements. In the recitals of the Land Management Agreement it states that it was registered in relation to the division of the land (and other land) in 2003, where the Council sought to ensure the appropriate development of the land. No specific reasons were stated in the recitals, but it is understood it related to the orderly placement of buildings (on large rural living lots) in a riverine setting. The proposed dwelling is located in a similar (but not the same) position to that of the building envelope area – there is little exact definition of the building envelope area in the Land Management Agreement, however, the proposed dwelling is further to the south (i.e. further towards the shed) than that of the building envelope. A copy of the Land Management Agreement is attached for Panel members information. A full copy of the application plans and other relevant information is attached for Panel members reference.

SUBJECT LAND AND LOCALITY The subject land is located to the western periphery of the township of Loxton – within a rural living area in a riverine setting. The appropriate site for the proposed dwelling is illustrated by the red star below.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

The subject land is described in Certificate of Title Volume 5950 Folio 414, as:- • Lot 1 in Deposited Plan 68403 Hundred of Pyap • Being owned by N and S Walker • Having registered easement for electricity purposes • Having a registered Land Management Agreement • Having an area of 1.408 hectares. The subject land has a moderate slope down towards the river valley with a flat area within the central part of the land where the shed is located. Access to the land is from Pioneer Landing Drive via a battle-axe private road handle. The general locality is characterised by its large lot rural living nature in a riverine setting. REFERRALS Environmental Health Officer Wastewater treatment and disposal details – given the moderate slope of the land and the location of the dwelling in proximity to the 1956 Flood Plain of the River Murray, a formal wastewater application was lodged with the Council for assessment under the Public Health Act. The wastewater application has been assessed and approved under the Public Health Act. Department of Environment and Water The department has assessed the application under the headings of river health, environmental flows, water quality and human dimension. The department found that the application generally complies with the objects of the River Murray Act, and has directed conditions to any approval.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

PUBLIC NOTIFICATION Category 1 – procedural table of Development Plan for Rural Living Zone. Although the Development Plan categorisation takes precedence over the Development Regulations, it is noted that Schedule 9 Part 1.(a) of the Development Regulations also identifies the proposed development as Category 1. DEVELOPMENT PLAN ASSESSMENT The subject land is located in the Rural Living Zone, as shown below.

The application has been assessed under the following sub-headings. Land use Orderly and sustainable development module Objective 3, 4, 6, 7 Principle of Development Control 1 Rural Living Zone Objective 1 Principle of Development Control 1

The Rural Living Zone specifically envisages a wide range of dwelling types and housing options – specifically Principle of Development Control 1 of the Residential Zone states:- PDC 1 The following forms of development are envisaged in the zone: • detached dwelling • domestic outbuilding in association with a detached dwelling • domestic structure • dwelling addition • farming

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

• farm building • stable. In terms of land use, the proposed development complies with the Development Plan. Design and siting Design and appearance module Orderly and sustainable development module Objective 1 Objective 1 Principle of Development Control 1, 3, 6, 10, 17, 18, 21 Residential development module Energy efficiency module Objective 1 Principle of Development Control 1-2 Principle of Development Control 1, 2, 10, 11, 14, 19, 20, 23-25

Interface between land uses module Siting and visibility module Objective 1 Objective 1, 2 Principle of Development Control 1, 2 Principle of Development Control 1, 2, 4, 5, 8, 9

Landscaping, fences and walls module Sloping land module Objective 1 Objective 1 Principle of Development Control 1, 2 Principle of Development Control 2, 7

Natural Resources module Rural Living Zone Principle of Development Control 1 Objective 4

Principle of Development Control 1, 3, 6, 7

Land Management Agreement A Land Management Agreement 2005 is registered over the land – as it relates to the land, it establishes a building envelope area to guide the location of a dwelling and other miscellaneous requirements. In the recitals of the Land Management Agreement it states that it was registered in relation to the division of the land (and other land) in 2003, where the Council sought to ensure the appropriate development of the land. No specific reasons were stated in the recitals, but it is understood it related to the orderly placement of buildings (on large rural living lots) in a riverine setting. In the context of the large size of the land, the building envelope is located in a similar location to that of the proposed dwelling – there is no exact definition of the building envelope area in the Land Management Agreement, however, by proportion the proposed dwelling is approximately 18 metres further to the south (i.e. further towards the shed) than that of the building envelope on land that has an average depth of around 200 metres.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Council sought legal advice with regard to the Land Management Agreement over the land – the advice, in summary, advises that Council (when assessing the application through its Regional Assessment Panel) must have regard to the terms of the Land Management Agreement (i.e. the Building Envelope Plan and other relevant clauses) as part of the planning considerations in addition to the Development Plan provisions. Once having assessed the proposal, if the Council (through its Riverland Regional Assessment Panel) considers the application worthy of Development Plan Consent, the effect of granting a Development Plan Consent is that the Land Management Agreement would be waived for that proposal. A full copy of the legal advice follows:- Legal status of the LMA I understand that the LMA was imposed on the parent title to Lot 1 Pioneer Landing Drive prior to the approval of DA 551/D518/03 and the subsequent division of this land. The intent of the LMA is to ensure that future development on each of the allotments created by the division in DA 551/D518/03 are developed “appropriately”. Upon the creation of each of the allotments in DA 551/D518/03, the LMA effectively became a series of separate agreements which apply separately to each allotment. The effect of this is that any action taken to enforce, waive or rescind the LMA currently lodged on the title to Lot 1 Pioneer Landing Drive cannot and will not involve any of the land owners whose properties are subject to the LMA. Assessment process for DA 551/215/16 and dealing with the LMA According to the decisions of the Full Court and ERD Court in Zweck v Town of Gawler [2015] SASCFC 172 and Zweck v Town of Gawler (No 2) [2016] SAERDC 33, the assessment of DA 551/215/16 should occur as follows:

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

• The terms of the LMA (in particular clauses 2.1.1 and 2.1.2) form relevant planning considerations against which the proposed development must be assessed in addition to the relevant Development Plan provisions; • The weight to be attached to the LMA is dependent on the intent of clauses 2.1.1 and 2.1.2. • in the present circumstances, this LMA does not contain any express reasons why clauses 2.1.1 and 2.1.2 were included other than the statement in Recital C that the Council “wants to ensure the appropriate development of the Land”. Whilst it is understood that the LMA was intended to ensure that views to the river are protected, this is not expressly stated in the LMA; • on this basis, to determine the weight of the LMA, it must be considered in light of the circumstances of Lot 1 and the relevant provisions of the current consolidation of the Development Plan compared against the circumstances of the land now comprising Lot 1 and the relevant Development Plan provisions at the time that the LMA was executed. If the circumstances of the land and the Development Plan have not changed, and the intent of the LMA can still be justified on the basis that it reinforces Development Plan provisions speaking to the appropriate siting and location of development and protection of visual amenity, the LMA can be given relatively significant weight in that it reinforces DP provisions on a site-specific basis; • A decision of the Council to refuse to waive clauses 2.1.1 and 2.1.2 of the LMA will not render DA 551/215/16 hypothetical. As such, there is little utility in putting this decision to the Council for consideration. DA 551/215/16 must be assessed by the Council (i.e. its RDAP or by a delegate) against the Development Plan and LMA. Should the Council determine that, on balance, the application warrants Development Plan consent, consent must be granted. The effect of granting consent is that the LMA will be waived as it then cannot reasonably be enforced by the Council. The fact that there are no express delegations to the RDAP for this purpose is of no consequence. Right to a view The loss of a view is a relevant planning consideration on the basis that views form part of the amenity of a locality generally and of the private amenity to properties within that locality (see Hutchens & Anor v City of Holdfast Bay & Anor [2007] SASC 238). As such, DP provisions calling for development which preserves or does not adversely affect amenity, or which call for height limits, the preservation of vistas and the like include the consideration of loss of views. If the proposal in DA 551/215/16 will largely obliterate views to neighbouring properties, a refusal can be justified on this basis alone. Recommendations I recommend that the application be put to the RDAP for consideration. In doing so, the RDAP must be advised of the recommended weight to be attached to the LMA and the consequences of its decision to grant consent to the application. If the LMA lends weight to current Development Plan provisions supporting the refusal of the application, then the recommendation to the RDAP should reflect this. Should the LMA be contrary to current Development Plan provisions and/or the circumstances of the land mean that it no longer has work to do, then little weight should be given to the LMA. In terms of the building envelope area in the Land Management Agreement, the siting of the proposed dwelling is relatively consistent with the building envelope plan in the context of the large size of the land, except that the proposed dwelling is sited further to the south towards the shed. The proposed site will reduce the extent of earthworks required and overcome the issue of the existing powerlines traversing through the building envelope area. Having regard to the sight-view graphic illustrations provided by the applicant (refer applicant plans and details) and site inspections, the proposed siting is mindful

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019. of neighbours views of the riverine environment. The sitting down of the dwelling (cut into the slope) and its low profile single storey form is also of consideration. In addition to the above, during the assessment stage, the applicant was requested by Council to further reduce the finished floor level by another 0.5 metres – this was agreed to by the applicant and is reflected in the final application plans before the Panel. Development Plan considerations follow. Development Plan As part of the Panel considerations, it is noted (as it relates to this application lodged 9 September 2016) that the proposed development must be assessed against the Loxton Waikerie Development Plan 25 July 2013 (application lodged 9 September 2016). The proposal accords with the main objective for the Rural Living Zone with a proposed detached dwelling on a large allotment. The Rural Living Zone has not outlined a specific desired character for the subject area. The proposed dwelling fully meets with the quantitative siting and design guidelines in Principle of Development Control 7 of the Rural Living Zone in terms of boundary setbacks, height and car parking. The dwelling form, style, materials and colours are appropriate with regard to the relevant Development Plan provisions and are consistent with that evident elsewhere in the locality. The proposed dwelling exhibits a single storey form with a modern conventional style – the external materials and finishes are of brick (rendered finish – fawn colour) and limestone blockwork, colourbond iron roof (woodland grey) and aluminium window frames. The proposed development complies with the general range of design and siting provisions of the Development Plan in terms of bulk, scale, height and built form. There is no significant direct overlooking into neighbouring land due to the locational position of the proposed dwelling relative to neighbouring land. There is no overshadowing due to the single storey nature and the large size of the allotment. The proposed dwelling has good orientation allowing for sunlight access. The proposed dwelling meets with setback requirements to adjacent powerlines as stipulated in the Building Safety Near Powerlines Guidelines (Office of Technical Regulator), with a 6 metre offset. The site of the dwelling is to the northern part of the land, set to the north of the existing shed and at a lower level to that of the shed. The site has a moderate slope down towards the river valley and will require cut and fill earthworks with associated batters. A relative finished floor level of 28m was nominated, requiring scree batters over a distance of approximately 3-4 metres, complying with relevant Sloping Land provisions seeking to minimise cutting and filing to 1.5 metres. As outlined earlier, during the assessment stage, the applicant was requested by Council to further reduce the relative finished floor level by another 0.5 metres to 27.5m – this was agreed to by the applicant and reflected in the final application plans before the Panel. There are there are no quantifiable policies that specifically seek to protect a view in these circumstances. However, the Development Plan does contains a wide range of policy relating to design, siting, amenity and the like. There are also general policies that seek to preserve views from the river and scenic attractions and the like. Design and Siting PDC 3 Buildings should be designed to reduce their visual bulk and provide visual interest through design elements such as: (a) articulation (b) colour and detailing

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

(c) small vertical and horizontal components (d) design and placing of windows (e) variations to facades. PDC 18 Development should be compatible with the character of the existing buildings in the locality and exhibit a high standard of design and external appearance which takes into account the scale, mass and siting of the buildings, the materials to be used (including their texture and colour) and elements of building detail. Interface between Land Uses PDC 2 Development should be sited and designed to minimise negative impacts on existing and potential future land uses desired in the locality. Natural Resources PDC 1 Development should be undertaken with minimum impact on the natural environment, including air and water quality, land, soil, biodiversity, and scenically attractive areas. Orderly and Sustainable Development Objective 1 Orderly and economical development that creates a safe, convenient and pleasant environment in which to live. Residential Development Objective 1 Safe, convenient, pleasant and healthy-living environments that meet the full range of needs and preferences of the community. PDC 1 Residential allotments and sites should have the appropriate orientation, area, configuration and dimensions to accommodate: (a) the siting and construction of a dwelling and associated ancillary outbuildings (b) the provision of landscaping and private open space (c) convenient and safe vehicle access and off street parking (d) passive energy design. PDC 10 The design and location of buildings should ensure that direct winter sunlight is available to adjacent dwellings, with particular consideration given to: (a) windows of habitable rooms, particularly living areas (b) ground-level private open space (c) upper-level private balconies that provide the primary open space area for any dwelling (d) access to solar energy. PDC 20 Dwelling setbacks from side and rear boundaries should be progressively increased as the height of the building increases to: (a) minimise the visual impact of buildings from adjoining properties (b) minimise the overshadowing of adjoining properties. Siting and Visibility Objective 1 Protection of scenically attractive areas, particularly natural, rural landscapes. Objective 2 The preservation of the attractiveness of the valley face of the River Murray valley.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

PDC 1 Development should be sited and designed to minimise its visual impact on: (a) the natural, rural or heritage character of the area (b) areas of high visual or scenic value, particularly rural areas (c) views from near-shore waters, public reserves, tourist routes and walking trails.

PDC 4 Buildings and structures should be designed to minimise their visual impact in the landscape, in particular: (a) the profile of buildings should be low and the rooflines should complement the natural form of the land (b) the mass of buildings should be minimised by variations in wall and roof lines and by floor plans which complement the contours of the land (c) large eaves, verandas and pergolas should be incorporated into designs so as to create shadowed areas that reduce the bulky appearance of buildings.

PDC 5 The nature of external surface materials of buildings should not detract from the visual character and amenity of the landscape. PDC 9 Development which is proposed to be located outside of urban zones should be sited and designed to not adversely affect views from the River Murray, lagoons, public reserves, tourist routes and walking trails. Rural Living Zone PDC 1 A zone consisting of large allotments, detached dwellings and rural activities that do not adversely impact the amenity of the locality. In relation to the above provisions, in additional to other earlier considerations, it is not considered that the proposed development offends these provisions. As referenced in the legal advice, in planning terms, it is not considered that the proposed development would largely obliterate views to neighbouring properties - this is because of the:- • Large size of the rural living land holding • Large size of other rural living land holdings in the locality • Positioning of other dwellings on these large holdings allows for vast open space areas and minimal site coverage allowing for a variety of viewscapes • Siting of the proposed dwelling is mindful of the locational position of other dwellings in the area • Siting of the proposed dwelling is mindful of the viewscapes of other dwellings in the area, as shown on the sight-view graphic illustrations provided by the applicant (refer applicant plans and details) for the neighbouring land to the south east • Proposed dwelling has sought to reduce its impact through:- o a single storey design o a form and scale that is consistent with other development in the locality o cutting into the site, to further reduce its height In terms of impact on views from the River Murray and the riverine environment (as stated in some provisions) the proposed development does not offend relevant provisions for similar reasons – these aspects have also been vetted to the satisfaction of the Minister for the River Murray. The proposed development is considered to be orderly and does not jeopardise the continuance of adjoining authorised land uses.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

To assist with the assessment and relevant considerations, the applicant has pegged the site of the proposed dwelling. Panel members are urged to inspect the land and locality to assist with the decision making process. Environmental Hazards module Objective 1, 2, 4, 8 Principle of Development Control 1, 3, 19, 22

Natural Resources module Objective 1, 2 Principle of Development Control 1, 5, 7, 10, 11, 14, 26

The land is located outside of the 1956 Flood Plain of the River Murray, but adjacent to. No significant vegetation is proposed to be removed. The owner has sought and obtained approval under the Public Health Act for the dwelling’s wastewater system. Stormwater disposal is proposed via an integrated onsite detention and reuse stormwater management system, via rainwater tanks. The land was considered to be suitable for its intended purpose as part of the former land division approval granted by the Council. The application has been vetted by the Department of Environment and Water under the headings of river health, environmental flows, water quality and human dimension. The department found that the application generally complies with the objects of the River Murray Act, and has directed conditions to any approval. Infrastructure Hazards module Principle of Development Control 6, 8 Infrastructure module Objective 1, 4 Principle of Development Control 1, 5 Orderly and sustainable development module Objective 6 Residential development module Principle of Development Control 6, 37, 38 Transportation and access module Principle of Development Control 22, 23, 32 Waste module Principle of Development Control 10

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

The subject land has access to a full range of infrastructure services, such as water supply, effluent disposal, power supply and telecommunications – in-line with relevant Development Plan provisions. In addition to existing large rain water tanks adjacent the existing shed, a further 50,000 litres a rain water tank storage is proposed. Ample car parking is proposed. Good interconnectivity exists to the local road network for access/egress and in the event of an emergency. Summary The proposed development is an envisaged form of development in the Rural Living Zone. The proposed development has an acceptable form, design and siting to accord with the relevant provisions of the Development Plan and warrants consent, subject to conditions. RECOMMENDATION

1 The Riverland Regional Assessment Panel determines that pursuant to Section 35(2) of the Development Act, Development Application 551/215/16 is not seriously at variance with the Loxton Waikerie Development Plan. 2 The Riverland Regional Development Assessment Panel, pursuant to Section 33 of the Development Act, determines to grant Development Plan Consent to Development Application 551/215/16 by Walker, for a detached dwelling at Lot 1 Pioneer Landing Drive, Loxton, subject to the following conditions: Council 1. Development is to take place in accordance with the supporting documentation and amended plans (submitted to Council on 10 April 2019) relating to Development Application Number 551/215/16, except as modified by any conditions attached to this Decision Notification. 2. The forming of internal roads, car parking areas and drains must be designed in accordance with the requirements of the District Council of Loxton Waikerie. All infrastructure works shall be approved by the Council prior to Development Approval being granted for the development and be constructed prior to the use of the development. All costs shall be met by the applicant. 3. Landscaping, with native shrubs and groundcovers, of the battered scree slopes shown on the plans shall be established prior to occupation of dwelling and shall be maintained and nurtured at all times with any diseased or dying plants being replaced, to the satisfaction of the District Council of Loxton Waikerie.

Conditions as directed by the Department of Environment and Water 4. During construction activities the subject land must be managed in a manner as to prevent erosion and pollution of the site and the environment, including keeping the area in a tidy state and ensuring any waste materials are appropriately contained to ensure no pollutants (including excavation or fill material) enter the River Murray system. 5. Any fill material brought to the site must be clean and not contaminated by construction or demolition debris, industrial or chemical matter, or pest plant or pathogenic material. 6. Any excavation or fill material surplus to the requirements of the development must be disposed of such that it will not: • be located within the 1956 floodplain; • impede the natural flow of any surface waters; • allow sediment to enter any water body; • adversely impact native vegetation; • facilitate the spread of pest plant and pathogenic material. 7. Stormwater run-off from the dwelling must be managed to prevent erosion or pollution of

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

the site and the environment, and diverted away from wastewater disposal areas, such as septic tanks and aerobic systems. Connection to water storage tanks would assist in complying with this condition.

Notes • The applicant is advised of their general duty of care under the River Murray Act 2003 to take all reasonable measures to prevent any harm to the River Murray through his or her actions or activities. • If there is an intention to clear native vegetation on the land at any time, the applicant should consult the Native Vegetation Council to determine relevant requirements under the Native Vegetation Act 1991 and its Regulations, which may include the provision of a Significant Environmental Benefit. Note that ‘clearance’ means any activity that could cause any substantial damage to native plants, including cutting down and removing plants, burning, poisoning, slashing of understorey, removal or trimming of branches, severing roots, drainage and reclamation of wetlands, and in some circumstances grazing by animals. For further information contact the Native Vegetation Council on telephone 8303 9777 or visit: http://www.nvc.sa.gov.au. • The applicant is encouraged to incorporate locally indigenous plant species into any landscaping, screen planting or revegetation activities at the site to enhance the natural character of the locality, stabilise soils and provide habitat for native species. For information on appropriate species to be planted, please contact State Flora at Bremer Road, Murray Bridge on telephone 8539 2105, or within Belair National Park on telephone 8278 7777 or visit: http://www.stateflora.sa.gov.au. • If the applicant wishes to use water (other than for firefighting purposes) from the River Murray Prescribed Watercourse or wells, then they may be required to apply to the Department for Environment and Water (DEW) for a water licence, pursuant to the Natural Resources Management Act 2004. Further, a permit is required for any work to be carried out on a well or for new wells to be drilled. For further information contact the DEW Water Licensing Branch on telephone 8595 2053 or visit: http://www.environment.sa.gov.au/licences-and-permits/water-licence-and-permit-forms. • The River Murray and many of its tributaries and overflow areas have abundant evidence of Aboriginal occupation and Aboriginal sites, objects or remains may be present on the subject land. Under section 20 of the Aboriginal Heritage Act 1988 (the Act), an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister responsible for the administration of the Act, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act. Penalties may apply for failure to comply with the Act. • This approval does not obviate any considerations that may apply to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). For further information visit: http://www.environment.gov.au/epbc

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Item 8.7 Development Application 551/172/18 – Jericho

Application No: 551/172/18 Council: District Council of Loxton Waikerie Relevant Authority: District Council of Loxton Waikerie Applicant: Paul Brattoli Owner: Stan & Monica Jericho Lodgement date: 26/07/18 Description of development: Tourist accommodation comprising of two eco glamping tents, and associated signage Property details: 36 Farley Road, Kingston on Murray, Sections 580 & 586, as contained in Certificate of Title Volume 5999 Folio 551 Zone / Policy Area: River Murray Flood Zone, Map LoWa/16 Development plan provisions: Loxton Waikerie Development Plan, consolidated 19 April 2017 Referrals / Agency consultations: Department for Environment and Water Environment Protection Authority Form of assessment: Non-complying Public notification category: Category 3 Recommendation: Grant Development Plan Consent, subject to SCAP concurrence, and conditions and notes Officer: Jordan Hunt File reference: 551/172/18 Appendices follow report: Application Forms Supporting documentation Certificate of Title Statement of Support Site Plan Statement of Effect Elevations Plan Representation Floor Plan Applicant Response BACKGROUND: The applicant proposes to erect two semi-permanent eco glamping tents for the purposes of tourist accommodation, along with an associated sign. The subject land is made up of Sections 580 and 586 both of which are unused and have had no previous land uses. The proposal is aimed to provide alternative eco friendly accommodation to what currently exists within the locality and further promote and draw tourism into the region. HISTORY OF THE APPLICATION (if required) The applicant provided a detailed statement in support for the application (attached). Council’s previous planning officer considered that the proposal demonstrated sufficient merits and determined under delegation to proceed with a non-complying assessment.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

PROPOSED DEVELOPMENT: The proposal comprises of: -

- Two semi permanent eco glamping tents, comprising of a timber structure, external deck, and beige coloured canvas exterior. - A wooden entry/identification sign, which is positioned near the roadside.

SUBJECT LAND AND LOCALITY: The subject land comprises of Sections 580 and 586 as contained in Certificate of Title Volume 5999 Folio 5510.

= River Murray Flood Zone

= Primary Production Zone

SUBJECT SITE

Figure 1: Zone Map

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

SUBJECT SITE

Figure 2: 1956 Flood Boundary (extract) LoWa/16

SUBJECT SITE

Figure 3: Location Map (extract) LoWa/16

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

The Certificate of Title also includes Sections 581, 587, 690, and 691, however these portions of land are not considered to be part of the subject site. The six Sections which make up the land are not subject to any easements for the purposes of services; however, they are subject to three leases. The existing leases are not held over Sections 580 and 586, therefore not restricting the subject land from being used for the proposed land use.

Sections 580 and 586 are wholly located within the River Murray Flood Zone and are unused parcels of land. The subject land is adjoined to the north by a backwater lagoon, which is fed by the River Murray. Access to the subject land is gained via an existing driveway onto Holmes Road which is a bitumen road. Section 580 contains an existing shed which is currently used for farm storage purposes. The 1956 River Murray Flood Level extends over the subject land and across Holmes Road. Sections 587, 690, and 691 are all used for horticultural purposes, whilst Section 581 contains an existing residence. These Sections of land are dual zoned, with the bulk of the land being located within the Primary Production Zone, and a small area of Sections 690 and 691 being located within the River Murray Flood Zone.

The adjoining allotments to the east and west are currently vacant and are also located within the River Murray Flood Zone. The adjacent land uses to the south are used for horticultural purposes, in association with existing residences. Approximately 1km to the west of the subject land is the Kingston on Murray Caravan Park. The Caravan Park has historically been located within the River Murray Flood Zone; however, it wasn’t until more recent years that the land was rezoned to be located within the Caravan and Tourist Park Zone. The Caravan Park incorporates some similar accommodation to what is currently proposed in this application; however, the proposal aims to cater to a different type of clientele. Approximately 500 metres to the east is a settlement area which contains a significant number of residential land uses; the existing residences are generally located around 25 metres from the edge of the River Murray, with portions of the lots being located under the 1956 Flood Level.

The subject land is located approximately 2kms from the Banrock Swamp Wetland Complex, and approximately 1km from the Loch Luna Wetland Complex. The proposal is not anticipated to create any impacts or implications of either of the existing wetlands.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

SUBJECT SITE

Figure 4: Aerial – Site

SUBJECT SITE

Figure 5: Aerial – Locality

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Figure 6: Subject Land – Site 1

Figure 7: Subject Land – Site 2

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

NATURE OF DEVELOPMENT:

In determining the nature of the development, Council must consider the provisions of the River Murray Flood Zone of the Loxton Waikerie Development Plan (Consolidated 19 April 2017). The Development Plan stipulates that within the River Murray Flood Zone, Tourist Accommodation is a non-complying form of development, with no exceptions listed. The application is therefore to be considered as non-complying. Further, in consideration of the category of public notification of the development, neither the Development Plan or Schedule 9 of the Development Regulations 2008 provided specific categorisation. The application is therefore considered a category 3 form of development. SERIOUSLY AT VARIANCE: In making an assessment of the application, section 35(2) of the Act provides direction to the Panel, in that it must give consideration as to whether the application is seriously at variance with the Loxton Waikerie Development Plan.

35—Special provisions relating to assessment against Development Plan

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

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

The Panel must consider that not all planning issues are of equal weight. The first consideration must be of the suitability of the proposed use: "at least prima facie, a suitable and appropriate use of the subject land having regard to the provisions of the development plan" , and after the land use is found suitable, then issues of, for example, architectural merit, character and amenity, and functional performance, should be considered. The proposed tourist accommodation may not be an envisaged form of development within the Zone; however, this use is not anticipated to impact or damage the River Murray given its temporary nature and form. The proposal will demonstrate architectural design and character, reduce any visual impacts with the use of natural colours and materials, be unimposing on the natural landscape of the site by utilising existing cleared areas, and preserve and retain the existing native vegetation.

I believe that the combination of these matters determines that the application cannot be considered to be seriously at variance with the Loxton Waikerie Development Plan.

REFERRALS:

The application was referred to the Department for Environment and Water, there response is attached. The Department has no objection to the proposal but has directed that 4 conditions and 8 notes are attached to any decision of approval. The application was also referred to the Environment Protection Authority, their response is attached. The EPA has no objection to the proposal but has directed that 3 conditions and 3 notes are attached to any decision of approval. PUBLIC NOTIFICATION:

The proposed development was considered a Category 3 form of development in the zone. A notice was placed in The River News on 12 February 2019, and adjoining owners and occupiers advised in writing. One response was received, as attached. It is summarised as follows:

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Barb Calvert – Kingston on Murray Caravan Park Mrs Calvert expressed concerns in regard to commercial competition, arguing that the proposal is in conflict with the business operations of the Kingston on Murray Caravan Park. Mrs Calvert also expressed that she would not be against the proposal if it was purely for personal use/residence. It is also considered that the representation by Mrs Calvert may be asserting that there is a conflict between the proposal and the relevant planning policy, in that it could eventuate into an oversupply of tourist accommodation within the locality. Pursuant to Section 38, the applicant was given opportunity to provide a response to the representation received. This response is attached.

STATEMENT OF SUPPORT/STATEMENT OF EFFECT A detailed Statement of Support and a Statement of Effect were provided as part of the application – refer to copy of application information attached for Members reference.

DEVELOPMENT PLAN PROVISIONS:

Advertisements - General Module Objectives 1 & 2 Urban and rural landscapes that are not disfigured by advertisements and/or advertising hoardings. Advertisements and/or advertising hoardings that do not create a hazard. The proposed sign will comprise of a wooden structure and banner, which will be used for identification purposes, and will not include significant amounts of text. The sign will be located within the boundaries of the subject land. The proposed sign is not anticipated to disfigure the landscape, and will not be a hazard; therefore it is considered that the proposal meets with Objectives 1 and 2 of the Advertisements General Module. Principle of Development Control 1 The location, siting, design, materials, size, and shape of advertisements and/or advertising hoardings should be: (a) consistent with the predominant character of the urban or rural landscape (b) in harmony with any buildings or sites of historic significance or heritage value in the area (c) co-ordinated with and complement the architectural form and design of the building they are to be located on. The proposed sign will be located near the front boundary, be of a appropriate size, and be constructed of wood. It is anticipated that the proposed sign will be appropriate within the rural landscape. The proposed sign will be in harmony with the character of the locality, and is not anticipated to create any negative impacts. The proposal is therefore seen to accord with Principle of Development Control 1. Principle of Development Control 2 & 4 The number of advertisements and/or advertising hoardings associated with a development should be minimised to avoid: (a) clutter (b) disorder (c) untidiness of buildings and their surrounds. The content of advertisements should be limited to information relating to the legitimate use of the associated land. The proposed sign will only include text which will be in direct relation to the proposed tourist accommodation. The signs main purpose will be to identify the land and provide guidance to the guests of the accommodation. The proposal is seen to meet with Principles of Development Control 2 and 4. Principle of Development Control 5

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Advertisements and/or advertising hoardings should: (a) be completely contained within the boundaries of the subject allotment (b) be sited to avoid damage to, or pruning or lopping of, on-site landscaping or street trees (c) not obscure views to vistas or objects of high amenity value. The signage proposed will be located near the front allotment boundary, and will not require the removal of any vegetation. It is also not anticipated to obscure any views or create any amenity impacts. The proposal is seen to meet Principle of Development Control 5. Principle of Development Control 12 Outside of townships and country settlements advertisements other than traffic signs, tourist signs or advertisements on an existing tourist information bay display board, should not be erected in road reserves. The proposed sign will be located within the subject land and not be within the road reserve. The proposal meets Principle of Development Control 12. Principle of Development Control 13 Advertisements and/or advertising hoardings should not create a hazard by: (a) being so highly illuminated as to cause discomfort to an approaching driver, or to create difficulty in the driver’s perception of the road or persons or objects on the road (b) being liable to interpretation by drivers as an official traffic sign, or convey to drivers information that might be confused with instructions given by traffic signals or other control devices, or impair the conspicuous nature of traffic signs or signals (c) distracting drivers from the primary driving task at a location where the demands on driver concentration are high (d) obscuring a driver's view of other road or rail vehicles at/or approaching level crossings, or of pedestrians or of features of the road that are potentially hazardous (eg junctions, bends, changes in width, traffic control devices). The sign proposed will not be illuminated, nor will it appear as a road sign. The sign is also not anticipated to create a hazard or distraction to drivers. The proposal is therefore considered to be consistent with Principle of Development Control 13. Principle of Development Control 14 Freestanding advertisements and/or advertising hoardings should be: (a) limited to only one primary advertisement per site or complex (b) of a scale and size in keeping with the desired character of the locality and compatible with the development on the site. The proposed sign will be the only advertisement on the land, and will be of scale and size which is suitable for the locality. The sign will be constructed of materials which will complement the natural environment. The proposal is seen to meet Principle of Development Control 14. Principle of Development Control 19 Advertising and/or advertising hoardings should not be placed along arterial roads that have a speed limit of 80 km/h or more, unless for town entry statements, are regionally focussed advertisements or where the advertisement relates entirely to a lawful use of land on the same allotment as the use it seeks to advertise. The proposed sign will be on a road which has a speed limit of 80kms, however the sign will directly relate to the proposed lawful use of the land. Therefore the proposal is seen to accord with Principle of Development Control 19.

Design and Appearance – General Module Principle of Development Control 1 The design of a building may be of a contemporary nature and exhibit an innovative style provided the overall form is sympathetic to the scale of development in the locality and with the context of its setting with regard to shape, size, materials and colour. The proposed tourist accommodation will be of a contemporary nature and innovative style through the use of eco friendly tents. The proposed tents incorporate a wooden deck style floor, internal timber pole frame, and

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

canvas exterior. The external appearance will be complementary to the natural character of the land, through the use of a subtle beige coloured canvas. Each tent will be 60 square metres in size, and will be placed on an already cleared site. Existing vegetation will screen the proposed tents, and minimise any potential character or amenity impacts. It is anticipated the proposed development is of a scale which is appropriate for the locality. It is considered that the proposal meets with Principle of Development Control 1. Principle of Development Control 5 Transportable buildings and buildings which are elevated on stumps, posts, piers, columns or the like, should have their suspended footings enclosed around the perimeter of the building with brickwork or timber, and the use of verandas, pergolas and other suitable architectural detailing to give the appearance of a permanent structure. The footings of the tents will comprise of timber posts, which will be appropriate fixed to the decking floor. The proposed tents will appear permanent, however in reality the only permanent fixture will be the deck. The proposal is seen to meet with Principle of Development Control 5. Principles of Development Control 6 and 16 The external walls and roofs of buildings should not incorporate highly reflective materials which will result in glare. Buildings and structures should not be developed unless the external cladding, wall materials and roof sheeting are not damaged in any way, punctured, rusted, stained or weathered. The external appearance of the tents will comprise of a beige canvas, wooden deck, and a timber frame structure. The external appearance is not anticipated to result in any glare impacts. The proposed is seen to be consistent with Principle of Development Control 6 and 16. Principle of Development Control 17 Development should be of natural colours so as to be unobtrusive with the rural landscape and minimise any visual obtrusion. The proposed tents will be constructed from timber and a beige canvas. The external appearance will appear natural, and demonstrate earthy tones. It is considered that the proposal will be unobtrusive with the rural landscape and is not anticipated to create any visual impacts. The proposal is seen to meet Principle of Development Control 17. Principle of Development Control 20 To reduce indirect ultraviolet radiation, shade structures should provide an overhang of at least 1 metre from the posts supporting the shade structure The proposed tourist accommodation incorporates a porch which extends out to a deck. The porch is covered by 2 metres of overhang, therefore providing an external space which is appropriately shaded. The side walls of tent have an overhang of approximately 1.2 metres which aims to reduce indirect ultraviolet radiation. The proposal is seen to meet with Principle of Development Control 20. Principle of Development Control 21 The setback of buildings from public roads should: (a) be similar to, or compatible with, setbacks of buildings on adjoining land and other buildings in the locality (b) contribute positively to the streetscape character of the locality (c) not result in or contribute to a detrimental impact upon the function, appearance or character of the locality. The surrounding allotments do not include any existing dwellings, therefore the proposed eco tents have no buildings to reference in regard to setback distances. The proposed setbacks are considered appropriate given that the tents will be highly screened from the roadside, and be setback significantly far on the subject land so as not to result in a detrimental impact on the function, appearance, or character of the locality. The proposal is seen to be consistent with Principle of Development Control 21.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Energy Efficiency General Module Objectives 1 & 2 Development designed and sited to conserve energy, and minimise waste. Development that provides for on-site power generation including photovoltaic cells and wind power. The proposed tourist accommodation will utilise solar power via an onsite off grid system, in order to provide basic electricity and hot water to the clientele of the accommodation. The proposal is seen to meet with Objectives 1 and 2. Principle of Development Control 1 Development should provide for efficient solar access to buildings and open space all year around. The proposed off grid system allows solar power to be generated all year round, as there is no restrictions in regard to being able to reposition the panels throughout the year. The proposal is seen to meet Principle of Development Control 1. Principle of Development Control 3 Development should facilitate the efficient use of photovoltaic cells and solar hot water systems by: (a) taking into account overshadowing from neighbouring buildings (b) designing roof orientation and pitches to maximise exposure to direct sunlight. The proposal utilises solar power to provide hot water services to the future clientele. The design and positioning of the tents allow for maximum exposure to direct sunlight. There are also no overshadowing impacts from neighbour buildings. The proposal accords with Principle of Development Control 3.

Hazards - General Module Objectives 1, 2, 4 Maintenance of the natural environment and systems by limiting development in areas susceptible to natural hazard risk. Development located away from areas that are vulnerable to, and cannot be adequately and effectively protected from the risk of natural hazards. Development located and designed to minimise the risks to safety and property from flooding The proposed tourist accommodation is located on land which is wholly within the 1956 Flood Plain. The land is adjoined to the north by a backwater channel, as opposed to being adjoined directly by the River Murray. The proposed glamping tents are not anticipated to impact on the natural environment, as they are temporary structures. In the event of a flood warning being issued for district, the tents are able to be disassembled and removed from site in approximately 4-6 hours. Therefore the proposed accommodation and its occupants can be effectively protected in the event of a flood. The proposal is seen to somewhat meet with Objectives 1, 2, and 4. Principle of Development Control 1 Development should be excluded from areas that are vulnerable to, and cannot be adequately and effectively protected from, the risk of hazards. The proposed tourist accommodation is temporary in nature, and can be easily dissembled and removed form land in a matter of hours. The only permanent fixture will be the deck which will be appropriately affixed to ground via engineered footings. It is considered that due to the tents being able to be easily removed from site,

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

that the proposal is not considered to be vulnerable to a flood hazard, and can be easily protected. The proposal is seen to meet with Principle of Development Control 1. Principle of Development Control 2 There should not be any significant interference with natural processes in order to reduce the exposure of development to the risk of natural hazards. Throughout the assessment process, formal referrals were sent to the Department of Environment and Water, and the Environment Protection Authority. Both agencies are satisfied that the proposal can be effectively removed from site in the event of a flood, and that the proposal is not likely to significantly interfere with the natural processes of the River Murray. The proposal requires minimal earth works to accommodate the eco glamping tents. The existing site levels and native vegetation will be retained. The existing drainage and flood paths are also not anticipated to be altered. Principle of Development Control 3 Development should not occur on land where the risk of flooding is likely to be harmful to safety or damage property or the environment. The subject land is located within the River Murray 1956 flood plain. Generally development is considered inappropriate in the flood plain, given the potential safety and damage risks. However the proposal can be appropriately removed from site in the event of a flood warning being issued for district. It is considered that it is unlikely that the occupants of the tents will not have ample time to safely evacuate the subject land in the event of flood, as the warnings are generally given several days or weeks in advance. The proposed tents can also be removed from site in the event of a flood, therefore reducing any risk of property damage. The proposal is seen to be consistent with the requirements of Principle of Development Control 3. Principle of Development Control 4 Development should not be undertaken in areas liable to inundation by tidal, drainage or flood waters or in areas as defined by the River Murray Act 2003, unless the development can achieve all of the following: (a) it is developed with a public stormwater system capable of catering for a 1-in-100 year average return interval flood event (b) buildings are designed and constructed to prevent the entry of floodwaters in a 1-in-100 year average return interval flood event and the buildings are not an obstruction to water flows. The proposal will not require storm water systems to be established, given that the external finish is simply a canvas tent, which will direct storm water to the ground. The tents are not anticipated to be assembled on the subject land in the event of flood, and therefore are not required to prevent the entry flood waters. The deck structures which will remain on the land in the event of a flood, are not considered to significant obstruct water flows. The proposal is seen to somewhat meet with Principle of Development Control 4. Principle of Development Control 5 Development, including earthworks associated with development, should not do any of the following: (a) impede the flow of floodwaters through the land or other surrounding land (b) increase the potential hazard risk to public safety of persons during a flood event (c) aggravate the potential for erosion or siltation or lead to the destruction of vegetation during a flood (d) cause any adverse effect on the floodway function (e) increase the risk of flooding of other land (f) obstruct a watercourse, wetland or flood plain. The proposal incorporates effective flood precautions which aim to minimise public safety risk during a flood event. The proposed footings and deck are not anticipated to significantly impede the flow of flood waters, alter floodway function, nor are they seen to aggravate erosion or lead to the destruction of vegetation during a flood event. The proposal is considered to mostly meet with Principle of Development Control 5.

Infrastructure - General Module Objectives 1 & 5 Infrastructure provided in an economical and environmentally sensitive manner

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Development within the River Murray valley be connected to an approved water reticulation and sewage disposal scheme. The proposal seeks to be an economically viable venture, whilst still being minimalistic in form, and environmentally sensitive. Each tent will be connected to a holding tank, which will be pumped out, and moved to an area above the flood plain in the event of a flood. The proposed tents will be provided with water via a water storage tank. The proposal is seen to be mostly consistent with Objectives 1 and 5 of the Infrastructure General Module. Principle of Development Control 1 Development should not occur without the provision of adequate utilities and services, including: (a) electricity supply (b) water supply (c) drainage and stormwater systems (d) waste disposal (e) effluent disposal systems (f) formed all-weather public roads The subject land has an existing access to Holmes Road, which is considered an all-weather public road. Electricity will be provided to the tents via off grid solar systems, drinking water will be provided via storage tanks, potable water will be piped in from the existing dwelling at 36 Farley Road, whilst wastewater will be contained within approved holding tanks. The natural landscape will provide natural drainage and storm water systems for the proposed tents. The proposal is seen to be consistent with Principle of Development Control 1. Principle of Development Control 6 In areas where no reticulated water supply is available, buildings whose usage is reliant on a water supply should be equipped with an adequate and reliable on-site water storage system. Each tents will be provided with an appropriate supply of drinking water, whilst River Murray water will provided to the tents by the water allocation at 36 Farley Road. The proposal is considered to meet with Principle of Development Control 6.

Interface between land uses – General Module Principle of Development Control 2 Development should be sited and designed to minimise negative impacts on existing and potential future land uses desired in the locality The River Murray Flood Zone does not anticipate many forms of development. The surrounding allotments are generally only used for farming purposes, so it is unlikely that the proposal will create any negative impacts within the locality. The siting of tents is discrete, and is unlikely to restrict future land uses, given the temporary nature of the proposal. Principle of Development Control 5 Sensitive uses likely to conflict with the continuation of lawfully existing developments and land uses desired for the zone should be designed to minimise negative impacts. The proposed use is not anticipated to create any conflicts on lawful existing development on the adjoining and adjacent allotments, given the positioning on the subject land. The proposal may however be business competition to the existing Caravan Park. The proposal is seen to mostly meet with Principle of Development Control 5.

Natural Resources – General Module Objectives 6, 8, 10, 13, & 14 Development sited and designed to: (a) protect natural ecological systems (b) achieve the sustainable use of water

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

(c) protect water quality, including receiving waters (d) reduce runoff and peak flows and prevent the risk of downstream flooding (e) minimise demand on reticulated water supplies (f) maximise the harvest and use of stormwater (g) protect stormwater from pollution sources. Native flora, fauna and ecosystems protected, retained, conserved and restored. Minimal disturbance and modification of the natural landform. Protection of the scenic qualities of natural and rural landscapes. Preservation of the River Murray landscape and environment. The proposal is unlikely to impact on the ecological systems of the subject land given the tents are temporary structures, nor is it anticipated that the proposal will impact on the water quality of the River Murray. The existing storm water systems will not be altered, and there will be no significant increase in water drawn from the existing water allocation. The native landscape will remain untouched, with the proposal being unlikely to detrimentally impact on the scenic quality of the rural landscape. The proposal is considered to be consistent with Objectives 6, 8, 10, 13, and 14 of the Natural Resources General Module. Principles of Development Control 1, 4, & 16 Development should be undertaken with minimum impact on the natural environment, including air and water quality, land, soil, biodiversity, and scenically attractive areas. Development should be appropriate to land capability and the protection and conservation of water resources and biodiversity. Stormwater management systems should preserve natural drainage systems, including the associated environmental flows. The proposal does not seek to create impacts on the natural environment; rather it attempts to preserve the form of the land, its resources, and significant amounts of biodiversity. The proposal is seen to meet with Principles of Development Control 1, 4, and 16. Principles of Development Control 30, 31, & 37 Development should retain existing areas of native vegetation and where possible contribute to revegetation using locally indigenous plant species. Development should be designed and sited to minimise the loss and disturbance of native flora and fauna, including riparian and riverine animals and plants, and their breeding grounds and habitats. Development should promote the long-term conservation of vegetation by: (a) avoiding substantial structures, excavations, and filling of land in close proximity to the trunk of trees and beneath their canopies (b) minimising impervious surfaces beneath the canopies of trees (c) taking other effective and reasonable precautions to protect both vegetation and the integrity of structures and essential services. The proposal does not seek to remove or disturb the existing native vegetation on the subject land, rather it seeks to utilise existing cleared areas, and create an accommodation experience within the natural environment. The proposal is seen to meet with Principles of Development Control 30, 31, and 37. Principle of Development Control 41, 42, & 43 Development should be designed and sited to prevent erosion.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Development should take place in a manner that will minimise alteration to the existing landform. Development should minimise the loss of soil from a site through soil erosion or siltation during the construction phase of any development and following the commencement of an activity. The proposal only seeks to install footings in the ground, and does not seek to disturb or significantly alter the existing landform, therefore erosion is anticipated. The proposal is seen to meet with Principles of Development Control 41, 42, and 43. Orderly and Sustainable Development – General Module Objective 3 and 4 Development that does not jeopardise the continuance of adjoining authorised land uses. Development that does not prejudice the achievement of the provisions of the Development Plan. The proposed tourist accommodation is appropriately setback from the road frontage, as well as the side boundaries. The proposal is not anticipated to jeopardise the continuance of adjoining land uses. Furthermore the proposed accommodation will not prejudice the achievement of the provisions of the Development Plan, given the proposal seeks to be environmentally friendly, retain the natural environment, and be protected from natural hazards. Principle of Development Control 2 Land outside of townships and settlements should primarily be used for primary production and conservation purposes. The subject land contains a significant amount of native vegetation, therefore only the southern section of the land is viable for general agriculture purposes. The remaining balance of the land is only usable for conservation purposes. The proposal does not seek to undermine the conservation use of the land, and won’t restrict the balance of the land from being used for primary production purposes. The proposal is seen to be consistent with Principle of Development Control 2. Principle of Development Control 8 Vacant or underutilised land should be developed in an efficient and co-ordinated manner to not prejudice the orderly development of adjacent land. The proposal seeks to utilise existing cleared sections of the subject land, in order to preserve the large tracts of native vegetation. The proposal is considered to be an efficient and effective use of this cleared section of the subject land, and is unlikely to prejudice the adjacent land. The proposal is seen to be in accordance with Principle of Development Control 8.

Siting and Visibility – General Module Objectives 1 and 2 Protection of scenically attractive areas, particularly natural, rural landscapes. The preservation of the attractiveness of the valley face of the River Murray valley. The proposal is not anticipated to impact on the scenic attractiveness of the locality, given the tents will be surrounded by native vegetation, be constructed of neutral colour materials, and have a frontage to a backwater channel. The proposal is seen to meet with Objectives 1 and 2 of the Siting and Visibility General Module. Principle of Development Control 1 Development should be sited and designed to minimise its visual impact on: (a) the natural, rural or heritage character of the area (b) areas of high visual or scenic value, particularly rural areas

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

(c) views from near-shore waters, public reserves, tourist routes and walking trails. The natural and scenic character of the area is unlikely to be disturbed by the proposal, as the native vegetation will remain on the land, and the riverbank and backwater will remain untouched. The proposed tents will be visible from the water, however the adjoining waterbody is a backwater channel, and therefore no impacts are anticipated in regard to visual amenity from the river. The proposal is considered to meet with Principle of Development Control 1. Principle of Development Control 2 Buildings should be sited in unobtrusive locations and, in particular, should: (a) be grouped together (b) where possible be located in such a way as to be screened by existing vegetation when viewed from public roads The two proposed glamping tents are located on the northern portion of the subject land, and will be separated from each by a distance of 67.5 metres. The existing onsite native vegetation will provide dense screening, and will reduce the tents from being visible from Holmes Road. The proposal is seen to partially meet with Principle of Development Control 2. Principle of Development Control 4 Buildings and structures should be designed to minimise their visual impact in the landscape, in particular: (a) the profile of buildings should be low and the rooflines should complement the natural form of the land (b) the mass of buildings should be minimised by variations in wall and roof lines and by floor plans which complement the contours of the land (c) large eaves, verandas and pergolas should be incorporated into designs so as to create shadowed areas that reduce the bulky appearance of buildings. The proposed tents include a low roofline and pitch. The tents include variations to the external walls, through the use of windows, and the external timber support poles. These variations are seen to reduce the bulk and scale of tents. The tents also include a porch and large eaves, which reduce the potential visual impacts and create shadowed areas. The proposal is seen to meet with Principle of Development Control 4. Principle of Development Control 5 The nature of external surface materials of buildings should not detract from the visual character and amenity of the landscape. The external appearance of the eco glamping tents comprise of timber and a beige canvas. The finishes reflect earthy natural tones which will match the landscape and not detract from the visual character of the locality. The proposal is seen to meet Principle of Development Control 5. Principle of Development Control 7 Driveways and access tracks should be designed and surfaced to blend sympathetically with the landscape and to minimise interference with natural vegetation and landforms. The existing driveways are formed out of compacted earth and reflect traditional dirt tracks which are sympathetic within the landscape, and reduce any interference with the natural environment. The proposal meets with Principle of Development Control 7.

Tourism Development – General Module Objectives 1, 3, 4, 6, 7, & 9 Environmentally sustainable and innovative tourism development. Tourism development that sustains or enhances the local character, visual amenity and appeal of the area.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Tourism development that protects areas of exceptional natural value, allows for appropriate levels of visitation, and demonstrates an environmental analysis and design response which enhances environmental values. Tourism development that contributes to local communities by adding vitality to neighbouring townships, regions and settlements. Increased opportunities for visitors to stay overnight. Provision for recreational and tourist development adjacent to the River Murray. The applicant’s proposal is positioned around environmentally sustainable design, through the use of innovative technologies. It is considered that the modern contemporary design of the tents with be visually appealing and will complement the character of the locality. The accommodation will allow future guests to be surrounded by exceptional natural character, and understand why the natural environment needs to be preserved and enjoyed. The accommodation will be located close to the township of Kingston on Murray, and will likely draw more tourism into the area and benefit the local economies. The subject land will cater for guests to easily access the River Murray for recreational purposes. The proposed development is identified to accord with Objectives 1, 3, 4, 6, 7, and 9 of the Tourist Development General Module. Principle of Development Control 1 Tourism development should have a functional or locational link with its natural, cultural or historical setting. The proposed tents will have a locational link to the land, in that the accommodation is nestled within the natural setting. The proposal is seen to meet with Principle of Development Control 1. Principle of Development Control 2 Tourism development and any associated activities should not damage or degrade any significant natural and cultural features. The tourist accommodation is positioned on portions of the land which are already cleared. The proposal therefore will not damage or degrade the natural environment. The proposal is seen to meet with Principle of Development Control 2. Principle of Development Control 3 Tourism development should ensure that its scale, form and location will not overwhelm, over commercialise or detract from the intrinsic natural values of the land on which it is sited or the character of its locality. The proposed tourist accommodation comprises of two eco friendly glamping tents, which are 60 square metres in floor area. The proposal incorporates neutral colours and finishes, is of a temporary nature, and is positioned carefully within the natural environment; therefore it is not anticipated to overwhelm, over commercialise, or detract from the natural character of the land. The proposal is seen to accord with Principle of Development Control 3. Principle of Development Control 4 Tourism development should, where appropriate, add to the range of services and accommodation types available in an area. The proposed tourist accommodation is unique to the area of Kingston on Murray in that it provides accommodation which is off grid, secluded, and is based around the preservation of the natural environment. The proposed tourist accommodation differs from what is provided by the Caravan Park, and will provide an alternative accommodation option for the district. The proposal is seen to meet with Principle of Development Control 4. Principle of Development Control 8

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

Tourist accommodation comprising of bed and breakfast (occupied dwelling providing temporary accommodation and dining for up to six people), farm stay (farm accommodation on a working farm for up to 15 people) and nature retreat accommodation (small scale accommodation in rural areas) should: (a) be of a small scale (b) designed in harmony with the landscape (c) be in harmony with the character, form, scale and external materials of construction of surrounding buildings (d) be under the main roof of the existing dwelling or in the immediate proximity of the existing dwelling. The proposed tourist accommodation is of a small scale, and is specifically designed to be in harmony with the landscape and the natural environment. The proposal is seen to somewhat meet with Principle of Development Control 8. Principle of Development Control 9 The scale, siting, design, height, mass, intensity, colour, materials, paving, landscaping and orientation of buildings and structures should be complementary to the natural environment so as to achieve a coordinated development where there is low density site coverage, set within an attractive and preserved natural environment. The glamping tents are seen to be an appropriate scale, design, intensity, and colour for the subject land in that the structures are low in site coverage, are set within the natural environment, positioned on cleared sections of the land, and will be oriented to the north. The proposal is seen to meet with Principle of Development Control 9. Principle of Development Control 14 Tourism developments in rural areas should be sited and designed to minimise impacts and have a functional or locational link with either of the following: (a) the surrounding agricultural production or processing (b) the natural, cultural or historical setting of the area. The proposed glamping tents are is design to be environmentally friendly, and aim to coexist within the native environment. The proposal has a clear connection to the natural environment, and will use this as a advertising point for future guest. The proposal is seen to meet with Principle of Development Control 14.

Transportation and Access – General Module Principle of Development Control 22 Development should have direct access from an all weather public road. The subject land has an existing access point from Holmes Road, which is an all weather public road. One access point will service both tent sites. The proposal is seen to meet Principle of Development Control 22. Principle of Development Control 23 Development should be provided with safe and convenient access which: (a) avoids unreasonable interference with the flow of traffic on adjoining roads (b) accommodates the type and volume of traffic likely to be generated by the development or land use and minimises induced traffic through over-provision (c) is sited and designed to minimise any adverse impacts on the occupants of and visitors to neighbouring properties.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

The proposed development is not likely to generate a large amount of traffic, as each unit will only cater for one group of guests at a time. The proposal is not considered to create interference with the flow of traffic from adjoining roads, nor will .the use attract vehicles other than standard cars. The proposed development is seen to meet with Principle of Development Control 23.

Waste – General Module Principle of Development Control 2, 4, & 10 The storage, treatment and disposal of waste materials from any development should be achieved without risk to health or impairment of the environment. Untreated waste should not be discharged to the environment, and in particular to any water body. Development that produces any sewage or effluent should be connected to a waste treatment system that complies with (or can comply with) the relevant public and environmental health legislation applying to that type of system. Each glamping tents will be connected to a wastewater holding tanks which will be required to be pumped out by an approved EPA contractor. The wastewater holding tanks will comply with the requirements of SA Health and the EPA. This method of wastewater disposal limits any wastewater from being disposed into the environment or any water body.

River Murray Flood Zone Objectives 1 & 3 Buildings and structures excluded from the zone where they are likely to impede or be damaged by floodwaters and/or fluctuating pool levels of the River Murray. Conservation of the natural features of the river environment. The proposed structures are not likely to impede or be damaged by floodwaters, as the tents can be removed from the land in the event of a flood. The tents are also setback 23 metres from the rivers edge, therefore reducing risk that the subject sites will become unusable during fluctuating pool levels of the River Murray. Principle of Development Control 2 Development listed as non-complying is generally inappropriate. The proposed Tourist Accommodation is a non-complying form of development within the River Murray Flood Zone. The proposal does not meet with Principle of Development Control 2. Principle of Development Control 3 Development should not cause, impede, or be subject to damage by floodwaters and/or fluctuating pool levels of the River Murray as defined by the River Murray Act 2003. The proposed developments are temporary in nature, and can be disassembled in several hours. The decks are securely attached to the land via footings, and would remain in the event that a flood was announced for the district. Given that the tents can be removed from the land, they would not be subject to damage from flood waters. In the event of a flood, the remaining decks would not significantly impede the flow of flood waters. The proposal is seen to mostly meet with Principle of Development Control 9. Principle of Development Control 9 Development should: (a) not adversely affect the stability or the natural features of the waterfront (b) minimise and limit vehicular access to be associated with the site

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

(c) ensure the location of any vehicle access point to the waterfront is sited to avoid adverse environmental impacts (d) provide the maximum possible waterfront reserve between buildings and the water (e) provide and maintain public access routes to waterfront reserves. The proposed glamping tents are located well above the river bank, and are not anticipated to adversely affect the natural features of the rivers edge. This is further reinforced by the fact that the proposed tent sites are located 23 metres from the rivers edge. Parking for vehicles is located alongside the pads of the tent sites. The vehicles utilising these parks would likely either be guests, or the accommodation owners maintaining the tents. The proposal is seen to mostly meet with the requirements of Principle of Development Control 9. Principle of Development Control 21 Development should not be undertaken if it pollutes the River Murray. The proposed development is designed to be environmentally friendly and contains a suitable wastewater collection method. The proposal is not anticipated to pollute the River Murray and is therefore considered to be consistent with Principle of Development Control 21. Principle of Development Control 22 Development should: (a) not adversely impact upon the ability to maintain the river frontage in a stable and natural condition (b) only use external cladding that is of a colour that harmonises with the surrounding environment. The proposed tourist accommodation is not anticipated to create any adverse impacts on the river frontage, as the tents are significant setback from the rivers edge. The external appearance of the tents will harmonise with the natural environment of the subject land and minimise any potential visual impacts. The proposal is seen to meet with Principle of Development Control 23. Principle of Development Control 23 Development in the zone should: (a) not consist of intensive agriculture or forestry (b) limit road access to that necessary for servicing agricultural land, public utilities or recreation facilities (c) include recreation facilities that are consistent with the area’s natural quality and character (d) not involve the draining of swamps (e) limit dredging to that necessary for public works. The proposed development assists in preserving the natural character of subject land, whilst restricting it from being used for intensive land uses. The proposal will allow guests to access the river, and enjoy its natural quality and character. The proposal is seen to be consistent with Principle of Development Control 23.

REPRESENTORS CONCERNS Mrs Calvert from the Kingston on Murray Caravan Park expressed concerns in regard to business competition, and a potential over supply in tourist accommodation. The applicant has responded to this representation. Whilst the proposed tourist accommodation is a similar use to the Caravan Park, it will provide a different type of accommodation to district. The proposed development is significantly different to the accommodation provided at the Caravan Park, in that the proposal is of a much lower scale and intensity, the accommodation is in the form of eco tents, the tents are located within the natural setting, and are adjacent to the rivers edge. The proposed glamping tents are not equipped with communal facilities and services, rather they are self contained. In my opinion, the proposal will not result in an oversupply of tourist accommodation, rather lead to a diversification of the accommodation market within the district.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

SUMMARY: The decision in respect of Development Plan Consent can be held to involve three concerns. The first requires an identification of the intended character imprinted upon the particular locality by the Development Plan. Secondly, there must be an assessment as to how the features of the proposed development may impinge upon that character and the associated amenity. Thirdly, a planning judgment made in the exercise of discretion will be reached by weighing the extent of compatibility between the proposed development and the Development Plan. The Development Plan clearly envisages tourist accommodation, and specifically references nature retreat styles of accommodation. The proposal can clearly be considered a nature retreat style of tourist accommodation, in that the tents are nestled between well established native vegetation. This land use may not be envisaged within the Zone; however it is evident that this use can be suitable, when referencing the Kingston on Murray Caravan Park, which was historically located within the River Murray Flood Zone. The proposal is unlikely to impact upon the adjoining and adjacent land uses, and is considered to be a temporary land use which can be removed in the event of a flood. Finally, the compatibility between the proposed development and the guiding principles of the Development Plan are in general terms well met, in that the proposed development will not prevent the zone from being used for its intended purpose, now and into the future. Whilst the proposed use is classified as a non- complying form of development within the River Murray Flood Zone, it is evident that the proposed use is reasonably consistent with the guiding provisions. In consideration of this, and of the matters raised in the report, I recommend that the Panel grant consent to Development Application 551/172/18 subject to the concurrence of the State Commission Assessment Panel, and a series of conditions and notes. RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 551/172/18 is not seriously at variance with the Loxton Waikerie Development Plan. 2. The Riverland Regional Assessment Panel determines to grant Development Plan Consent to Development Application 551/172/18 subject to the concurrence of the State Commission Assessment Panel, and the following conditions and notes: Council conditions: 1. Development is to take place in accordance with the supporting documentation and plans relating to Development Application Number 551/172/18, except as modified by any conditions attached to this Decision Notification, specifically: Plan type Reference Dated Received Prepared By Site Plan Figure 5 - 10/01/19 22/01/19 Applicant / Sandy Version 2 Hansen Planning Consultant Elevations Plans Appendix E 21/08/15 19/07/18 Wagenbouw Floor Plan Figure 4 – 10/01/19 22/01/19 Applicant / Sandy Version 2 Hansen Planning Consultant Statement in Version 1.0 16/07/18 19/07/18 Applicant Support Statement of DA 01/2019 22/01/19 Sandy Hansen Effect 551/172/2018 Planning Consultant 2. A wastewater approval is required prior to the issuing of Development Approval. Conditions as directed by the Department of Environment and Water 3. During construction activities the subject land must be managed in a manner as to prevent erosion and pollution of the site and the environment, including keeping the area in a tidy state and ensuring any waste materials are appropriately contained to ensure no pollutants (including excavation or fill material) enter the River Murray system.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

4. Any fill material brought to the site must be clean and not contaminated by construction or demolition debris, industrial or chemical matter, or pest plant or pathogenic material. 5. Any excavation or fill material surplus to the requirements of the development must be disposed of such that it will not: • be located within the 1956 floodplain; • impede the natural flow of any surface waters; • allow sediment to enter any water body; • adversely impact native vegetation; • facilitate the spread of pest plant and pathogenic material. 6. Stormwater run-off from the structures associated with the development must be managed to prevent erosion or pollution of the site and the environment. Conditions as Directed by the Environment Protection Authority 7. In the event of a flood, all Ecolet toilet facilities must be relocated to an area above the 1956 flood level as soon as reasonably practicable. 8. All composted material must be buried at an area above the 1956 flood level. 9. Prior to occupation of the eco-tents, a Flood Management Plan must be prepared and implemented which includes (but not necessarily limited to) risk management strategies for high water level/flood events for the subject site and development: A. details of a staged approach for when water reaches specific AHD levels within the backwater B. steps that would be taken for: i. the disconnection of the wastewater/greywater holding tanks, removal of waste and appropriate capping and sealing of the system remaining ii. the location of where the service chambers and any chambers undergoing the composting period would be stored above the 1956 Flood Level iii. the location of where the materials, toilet and furnishings of the tents would be stored above the 1956 Flood Level iv. equipment availability for the dismantling and removal of the tents within adequate time prior to any flooding event. Notes: • The development must be substantially commenced within 12 months of the date of this Notification, unless this period has been extended by Council. • You are advised that any act or work authorised or required by this Notification must be completed within three years of the date of the Notification unless this period is extended by the Council. Notes requested by the Environment Protection Authority: • The applicant is reminded of its general environmental duty, as required by section 25 of the Environment Protection Act 1993, to take all reasonable and practicable measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm. • The applicant should consider the guidance contained in the EPA’s guideline for‘Environmental management of dewatering during construction activities’ during construction phase works to minimise environmental risk. This guideline can be found here at https://www.epa.sa.gov.au/files/12275_guide_dewatering.pdf . • EPA information sheets, guidelines documents, codes of practice, technical bulletins etc can be accessed on the following web site: http://www.epa.sa.gov.au Notes recommended by the Department of Environment and Water • The applicant is advised of their general duty of care under the River Murray Act 2003 to take all reasonable measures to prevent any harm to the River Murray through his or her actions or activities.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

• If there is an intention to clear native vegetation on the land at any time, the applicant should consult the Native Vegetation Council to determine relevant requirements under the Native Vegetation Act 1991 and its Regulations, which may include the provision of a Significant Environmental Benefit. Note that ‘clearance’ means any activity that could cause any substantial damage to native plants, including cutting down and removing plants, burning, poisoning, slashing of understorey, removal or trimming of branches, severing roots, drainage and reclamation of wetlands, and in some circumstances grazing by animals. For further information contact the Native Vegetation Council on telephone 8303 9777 or visit: http://www.nvc.sa.gov.au. • The applicant is encouraged to incorporate locally indigenous plant species into any landscaping, screen planting or revegetation activities at the site to enhance the natural character of the locality, stabilise soils and provide habitat for native species. For information on appropriate species to be planted, please contact State Flora at Bremer Road, Murray Bridge on telephone 8539 2105, or within Belair National Park on telephone 8278 7777 or visit: http://www.stateflora.sa.gov.au. • Prior to any construction commencing it is recommended that the applicant prepares an appropriately detailed Biosecurity Plan to manage the risk of declared weeds, pests and diseases entering the property during the construction phase (i.e. contractors, vehicles/machinery and fill material) and the operational phase (i.e. tourists and other visitors). Guidance may be sought from Natural Resources SA Murray-Darling Basin (http://www.naturalresources.sa.gov.au/samurraydarlingbasin/plants-animals/pest-plants-and- animals/managing-pests) and Primary Industries and Regions SA (http://pir.sa.gov.au/biosecurity). • In the event of a flood warning being issued for the district, all transportable/removable structures should be relocated to a site above the 1956 flood level, so as to not impede potential floodwaters, pollute water resources or become a safety hazard. Flood awareness information is available at: http://www.waterconnect.sa.gov.au/Hazard-Management/Flood- Awareness. • The taking of water from the River Murray Prescribed Watercourse to service the tents (as tourism accommodation) is considered to be an ‘industrial’ use. As such, the applicant should consult the Department for Environment and Water (DEW) to ascertain relevant requirements under the Natural Resources Management Act 2004. For further information contact the DEW Water Licensing Branch on telephone 8595 2053 or visit: http://www.environment.sa.gov.au/licences-and-permits/water-licence-and-permit-forms. • The River Murray and many of its tributaries and overflow areas have abundant evidence of Aboriginal occupation and Aboriginal sites, objects or remains may be present on the subject land. Under section 20 of the Aboriginal Heritage Act 1988 (the Act), an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister responsible for the administration of the Act, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act. Penalties may apply for failure to comply with the Act. • This approval does not obviate any considerations that may apply to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). For further information visit: http://www.environment.gov.au/epbc.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.

ITEM 9 OTHER BUSINESS:

ITEM 10 NEXT MEETING: The next scheduled meeting of the RRAP is 18 July 2019.

ITEM 11 CLOSE:

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 20 June 2019.