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Riverland Regional Assessment Panel Meeting AGENDA 20 June

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Riverland Regional Assessment Panel Meeting AGENDA 20 June 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
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