Riverland Regional Assessment Panel meeting

AGENDA

November 21 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 November 21 2019, commencing at 1.30pm.

CHERYLE PEDLER ASSESSMENT MANGER 14 November 2019

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 NOVEMBER 21 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 Ms J.A. Lewis, Messrs J.B. McVicar, G.D. Parsons 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:

ITEM 4 CONFIRMATION OF MINUTES The minutes of the meeting held October 31 2019 are attached at appendix for members information and adoption. RECOMMENDATION: That the minutes of the meeting held October 31 2019 be taken as read and confirmed.

ITEM 5 BUSINESS ARISING FROM THE PREVIOUS MINUTES

ITEM 6 DECLARATION OF INTEREST BY MEMBERS OF PANEL:

ITEM 7 HEARING OF REPRESENTATIONS:

ITEM 8 REPORTS:

Item 8.1 Development application 752/D009/19 – G & K Bariamis ...... 1 Item 8.2 Development application 551/199/19 – DC Loxton Waikerie ...... 15 Item 8.3 Development application 551/D020/17 – Mr K Andrew ...... 24 Item 8.4 Development application 551/172/18 – S & M Jericho ...... 37 Item 8.5 Development application 551/049/16 – Mr S Reed ...... 42 Item 8.6 Development application 753/148/17 – P & K Belehris Family Trust ...... 46

Item 8.1 Development application 752/D009/19 – G & K 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 State Commission Assessment Panel consultations: SA Water Corporation Central Irrigation Trust Form of assessment: Merit Public notification category: Category 1 Recommendation: Refusal Officer: Dylan Grieve File reference: I181129-171 Appendices follow report:  Application  SCAP Advice  Certificates of Title  CIT Advice  Plan of Division –  SA Water Advice reference  Statement of Support 6103da2_190513  Wastewater Disposal Report

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.

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.

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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

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SUBJECT SITE

Figure 2: Policy Map (extract) BeBa/23

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SUBJECT SITE

Figure 3: Concept Plan Map BeBa/3

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SUBJECT SITE

Figure 4: 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 21 November 2019. Page 5

Figure 5: 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 21 November 2019. Page 6

Figure 6: Existing dwelling – 107 Chilton Road, Berri

Figure 7: Area of proposed Chilton Road allotments

Figure 8: Location of existing shed looking south-west to proposed allotments and existing dwelling

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NATURE OF DEVELOPMENT:

The subject land is located both within the River Murray Flood Zone and within the Rural Living Zone. The proposed division only creates new allotments in the Rural Living Zone and leaves the cadastral arrangement in the River Murray Flood Zone identical to the current. Nonetheless, it does propose a land division that changes the cadastral boundaries of an allotment that falls partly within the River Murray Flood Zone. Turning first to the River Murray Flood Zone, the non-complying list for this zone states that a land division is a non-complying form of development except where it is for the purpose of any of the following:

In Precinct 6 of the Rural Living Zone, land division is a non-complying form of development except where one of the following applies:

The proposed land division falls within the exception in (b) in the Rural Living Zone because all of the 5 resulting allotments exceed 2000m2 and the proposal accords with the requirements in Concept Plan Map BeBa/3. Accordingly, the proposal remains appropriately characterised as a merit kind of development. Further, 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 therefore the proposed land division is a merit form of development. The question still arises as to whether the proposed land division is a non-complying form of development within the River Murray Flood Zone. Although there is no case law on this very question, it is nonetheless possible to argue that the proposal is non-complying. The argument is: 1. the site of the proposed development is partially with the River Murray Flood Zone; 2. the nature of the proposed development is a land division; 3. “land division” is non-complying in the River Murray Flood Zone; 4. therefore the application is non-complying.

The alternative argument being that there is no land division proposed within the River Murray Flood Zone to be the stronger argument. The basis for this is a case was argued a few years ago in the Supreme Court – Southam v District Council of Lower Eyre Peninsula [2015] SASC 82. That case, whilst not directly applicable to the present situation, provides a useful insight into the attitude of the Court. In that case, the proponent proposed a boundary realignment of 3 allotments across a Coastal Zone and a General Farming Zone. In the Coastal Zone, land divisions were non-complying except

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 21 November 2019. Page 8

(relevantly) land divisions “for the adjustment of allotment boundaries where no additional allotments are created and where no new allotment of less than 40 hectares is created. The Council determined that the proposal was non-complying as it would result in two allotments being partially located within the Coastal Zone where, at the time, there was a single, whole allotment in the Coastal Zone. The Council’s decision on classification was challenged in the ERD Court and was upheld. The proponent appealed this decision to the Supreme Court. The Supreme Court took the view that the proposal would not result in additional allotments in the Coastal Zone as the term “allotment” was to be interpreted as meaning an entire allotment and not portion of an allotment. Why this case provides useful insight to the present situation is because the development proposed is “the division of an allotment” as per section 4 of the Development Act. The definition of “division of an allotment” includes, relevantly, “the division, subdivision or re-subdivision of the allotment” or “the alteration of the boundaries of an allotment”. None of these activities are proposed within the River Murray Flood Zone. There will be no land division within the River Murray Flood Zone – one portion of an allotment presently exists and will continue to exist, unchanged within the Zone – therefore, the proposal is not non-complying. If the Supreme Court can find that a division resulting in two part allotments in a Zone is merit, then it follows that a proposal which does not change any allotment boundaries within a Zone is likely to be treated as merit by the Courts.

PUBLIC NOTIFICATION CATEGORY

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 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 (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 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.

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REFERRALS:

REFERRAL TO COMMENTS 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 State payable to the State Planning Commission marked “Not Negotiable” and sent Commission to GPO Box 1815, Adelaide 5001 or in person, by cheque or credit card, at Assessment Level 5, 50 Flinders Street, Adelaide. 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: 1. That an easement(s) be provided to protect any water supply infrastructure Central supplying proposed Allotments 21, 22, 23 & 24 that cross proposed Irrigation Trust 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 The septic plan assumes that septic tanks will be located at the front of the Council – dwellings. This will largely depend on the location of sanitary fixtures within the Environmental dwelling. I assume the term ‘Drainage Line’ is referring to soakage trenches, Health Officer which will likely not be approved due to the nature of the soils. This will be further determined with the wastewater applications for each dwelling. The septic plan cannot be relied on for guidance on the location, type and size of the wastewater system. The Tonkin Consulting engineers report estimates an ETA bed of 180m2 basal area. It must be noted that the footprint of the ETA bed will be more than 180m2due to the maximum length of each run of ETA bed and the required setback distance between sections of ETA bed. Although not mentioned in the Tonkin report, irrigation areas for Aerated Wastewater Treatment Systems (AWTS) can be designed and sized in accordance with the Onsite Wastewater Systems Code, which for a 6 person system is 200m2. Larger systems will be required for dwellings housing more than 6 persons or with food waste disposal units or spa baths more than 120L capacity. Effluent disposal systems such as the ETA beds or irrigation areas associated with AWTS, as mentioned in the Tonkin wastewater report, must not be located within the 1956 flood zone. I note the location of the Flood Zone in the aerial photo below in relation to the proposed allotments. The 1956 flood zone encroaches on the proposed allotments more so than the zoning boundary which is shown on the septic plan and in the 2nd aerial photo below.

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REFERRAL TO COMMENTS

Taking into account the ‘Buffer Distances’ mentioned in the Tonkin Report and the remaining setback distances specified in the Onsite Wastewater Systems Code, the space available for wastewater disposal areas will be limited depending on the size and location of proposed dwellings, sheds, swimming pools etc. as well as the location of driveways. Also worth noting in regards to surface irrigation areas, they must be designed to avoid pedestrian and animal access and cannot be used to irrigate lawn areas which will be used for recreational activities, or to irrigate fruit and vegetables for human consumption.

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 21 November 2019. Page 11

DEVELOPMENT PLAN PROVISIONS:

Infrastructure Objectives: 1 PDCs: 1 and 2 The proposed allotments will each have access to an available electricity and water supply. The proposed allotments cannot be connected to the Berri Community Wastewater Management system. Council administration requested a Wastewater Engineers Report from the applicant with Council’s Environmental Health Officer commenting above. All other relevant Objectives and PDC’s are considered to comply. Interface between land Objectives: 1, 2 and 3 uses PDCs: 1, 2, 17 and 18 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/s and domestic outbuilding/s development applications. 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 relevant Objectives and PDC’s are considered 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. The proposed new allotments will create ‘strip development’ along Chilton Road. While this allotment pattern will not fragment existing productive primary production land, it may prejudice against the proper and orderly development of the Precinct 6 Berri East Country Living. All other relevant Objectives and PDC’s are considered to comply. Orderly and Sustainable Objectives: 1, 2, 3, 4, 5, 6, 7 and 13 Development PDCs: 1, 2, 3, 4, 6, 8 and 9 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. The ‘strip development’ as created by the proposed new allotments falls within Stage 3 of the Rural Living Zone Infrastructure and Staging Concept Plan BeBa/3. Stage 1 has some infrastructure in place, albeit, not for residential purposes and Stage 2 has no Council infrastructure in place for the purposes of water or sewer. Accordingly, the proposed the proposed allotments will not occur in an orderly sequence for the efficient provision of infrastructure. The proposed land division is premature for the sequence of development of the Rural Living Zone Infrastructure and Staging Concept Plan BeBa/3. All other relevant Objectives and PDC’s are considered to comply.

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Transportation and Access Objectives: 2 PDCs: 2 The proposed land division will create allotments that will have access to Council maintained bitumen roads. All other relevant Objectives and PDC’s are considered to comply. 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 storm water 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

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 21 November 2019. Page 13 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 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. 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. The proposed land division within the Rural Living Zone will result in strip development along a road. When assessed against the relevant provisions of the Development Plan it is considered that the proposed development, 752/D009/18, on balance, DOES NOT warrant Development Plan Consent and should be refused. RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 752/D009/18 is at variance with the Berri Barmera Development Plan. 2. The Riverland Regional Assessment Panel determines to REFUSE Development Plan Consent to Development Application 752/D009/18, for the following reasons:

2.1 The application is at variance with:  General Section - Land Division Objectives: 1 and 5  General Section - Land Division Principle of Development Control: 22  General Section - Orderly and Sustainable Development: 2  General Section - Principles of Development Control: 2, 6 and 9  Rural Living Zone - DESIRED CHARACTER - Precinct 6 Berri East Country Living  Rural Living Zone – Land Division - Principle of Development Control: 9 (a)  Precinct 6 Berri East Country Living - Principles of Development Control: 13 and 14

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Item 8.2 Development application 551/199/19 – DC Loxton Waikerie

Application No: 551/199/19 Council: District Council of Loxton Waikerie Relevant Authority: District Council of Loxton Waikerie Applicant: District Council of Loxton Waikerie Owner: Minister for Sustainability, Environment and Conservation Lodgement date: 30/08/19 Description of development: Construction of sealed carpark, pontoon and solar lights Property details: Section 626 Government Road, Kingston on Murray as contained in Crown Record Volume 5279 Folio 993 Section 107 River Terrace, Kingston on Murray as contained in Crown Record Volume 6211 Folio 108 Zone / Policy Area: River Murray Flood Zone Map LoWa/30 Development plan provisions: Loxton Waikerie Development Plan, consolidated 19 April 2017 Referrals / Agency Department of Environment and Water consultations: Form of assessment: Merit Public notification category: Category 1 (Minor) Recommendation: Grant Development Plan Consent, subject to conditions and notes Officer: Jordan Hunt Appendices follow report:  Development Application  Pontoon Specifications Form  Pontoon Configuration  Powerline Declaration  Supporting Information  Crown Records  Supporting Images  Site Plan  DEW Referral Response  Lighting Specifications

BACKGROUND:

The applicant has sought development approval for the construction of a sealed carpark, pontoon and solar lights at Section 626 Government Road and Section 107 River Terrace, Kingston on Murray. The proposal seeks to formalise an existing car parking area, provide an area for boats to moor alongside the existing boat ramp, and provide suitable lighting for afternoon/evening uses.

PROPOSED DEVELOPMENT:

The proposal is considered to comprise of the following:

- A pontoon which comprises of six (6) 3m x 2m pontoon bases and six (6) 3m x 2m decks. The pontoon has a total length of 18 metres; 9 metres will be located on the riverbank and 9 metres will be located in the River Murray. The pontoon will be secured to the land by a supporting concrete block. The section of the pontoon that is within the river is supported and stabilised by a mooring pole, which will be driven into the river bed. - Resurfacing of the existing car parking area. The proposed bitumen car park area is a total of 1200 square metres. - Installation of two LED solar lights which have a total height of 5 metres.

SUBJECT LAND AND LOCALITY:

The subject land is known as Section 626 Government Road, Kingston on Murray as contained in Crown Record Volume 5279 Folio 993 and Section 107 River Terrace, Kingston on Murray as

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 21 November 2019. Page 15 contained in Crown Record Volume 6211 Folio 108. Both allotments are owned by the Minister for Environment and Water, with Section 626 being subject to an annual license to Council for community purposes.

Section 626 extends for a significant distance to the north of the subject land, where it covers a large portion of the rivers edge. Section 107 is part of a Crown Record which contains a large piece of the Kingston on Murray Riverfront; this piece of land is used for general recreation purposes as well as houseboat mooring. The subject land currently contains an existing boat ramp, as well as a gravel area which is used for the parking of cars and trailers (see figure 1 below).

The subject land is located within the River Murray Flood Zone of Councils Development Plan, and is also located wholly within the 1956 River Murray Flood Plain Overlay (see figures 2 and 3 below).

Figure 1 – Aerial imagery of the subject land –

Subject land annotated in red

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 21 November 2019. Page 16

Figure 2 – 1956 River Murray Flood Overlay Excerpt – LoWa/30 -

Subject land annotated in red

Figure 3 – Zoning Excerpt – LoWa/30 – Subject land annotated in red

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RELEVANT AUTHORITY

It is acknowledged that a small section of the proposed pontoon will be located outside of the Council Area (see figure 4 below). However given that the proposal comprises of several elements and the majority of the pontoon is located within the Council Area, it has been determined that the District Council of Loxton Waikerie is the relevant authority for this application.

NATURE OF DEVELOPMENT:

The proposed development is considered to be located wholly within the River Murray Flood Zone. Therefore 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 River Murray Flood Zone did not advise that the proposed car parking resurfacing, pontoon or solar lighting were complying nor non-complying. The application is therefore to be considered on merit against the provisions of the Development Plan.

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 J1 provided “… 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….” Within the River Murray Flood Zone, Principle of Development Control 1 states the following: PDC 1 - The following forms of development are envisaged in the zone:  a structure for the purpose of public recreation (e.g. landing and jetty); It is evidently clear that the proposed pontoon is an envisaged form of development within the River Murray Flood Zone. Furthermore Principle of Development Control 10 provides design guidance in respect of car parking areas within the Zone. It is acknowledged that the Zone does not make reference to the proposed lighting, however given that this aspect is in direct association with the proposed pontoon and carpark, they are considered to be appropriate for the Zone. It is considered that given the Zone envisages structures for the purpose of public recreation, that the application can therefore not be considered to be seriously at variance with the Loxton Waikerie Development Plan.

REFERRALS:

The application was formally referred to the Department of Environment and Water (DEW). DEW were supportive of the application and directed 5 conditions, and recommended 5 notes. The referral response is attached for member’s reference.

PUBLIC NOTIFICATION:

1 Mar Mina (SA) Pty Ltd v City of Marion & Anor [2008] SASC 120 (33)

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In consideration of the category of public notification of the development, Schedule 9, Part 1, 2, (g) of the Development Regulations 2008 provided specific categorisation. The proposal is considered to be Category 1 (minor) for the following reasons: - The carpark resurfacing seeks to formalise and upgrade the existing land use which has occurred for a number of years. - The pontoon will be used in association with the existing boat ramp and provide safer access for river users. - The solar lights will provide passive surveillance of the site during the early and late hours of the day. - The proposal is not considered to produce any impacts on the adjoining land owners or locality. The application is therefore considered a category 1 form of development.

DEVELOPMENT PLAN PROVISIONS:

Community Facilities Module Objective: 1 Principle of Development Control: 2 The proposed pontoon is considered to be highly accessible to the local community of Kingston on Murray, given it is located adjacent to an existing boat ramp and alongside the riverfront. The proposed developments are considered to be integrated with the existing land uses and result in an efficient use of the allotments. The proposal is considered to comply with Objective 1 and Principle of Development Control 2 from the Community Facilities – General Module. Crime Prevention Module Objective: 1 Principles of Development Control: 1, 4, 5, 11 The proposal seeks to provide a usable public space which provides suitable surveillance through the implementation of suitable lighting. The proposed lighting poles will service both the proposed carpark and boat ramp, in order to provide safe areas at all hours of the day. Furthermore in order to create a compliant public space, the applicant will install the solar lighting in strict accordance with Australian Standard AS1158. The proposal is considered to comply with Objective 1 and Principles of Development Control 1, 4, 5 and 11 of the Crime Prevention – General Module. Design and Appearance PDC 14 Module The proposed solar lighting is considered to be sufficient for the proposed pontoon and car parking area. Given the size and location of the subject land, no light spill is anticipated on the adjacent allotments. The proposal is considered to comply with Principle of Development Control 14 from the Design and Appearance – General Module. Energy Efficiency Module Objectives 1 and 2 PDC 1, 5 The applicant seeks to provide infrastructure to an existing recreation area and minimise the need for additional electricity connections. The proposed lighting is the only section of the proposal which will require an electricity supply to function. By implementing two light poles which operate via solar power, the proposed lights do not require a fixed electricity supply from a powerline. When considering the heights and positioning of the light poles, it is anticipated that the existing vegetation will not cause overshadowing and reduce electricity production.

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 21 November 2019. Page 19

The proposal is considered to comply with Objectives 1 and 2 and Principles of Development Control 1 and 5 of the Energy Efficiency – General Module. Hazards Module Objective: 2 Principles of Development Control: 1, 2, 3, 5 The proposed development has been designed with the risk of flooding in mind. The proposed carpark will be sealed with bitumen in order to not obstruct a natural flow path and reduce the risk of being damaged in the event of a flood. The proposed light poles will incorporate a secure footing which has been designed to withstand a flood event. The proposed pontoon will be secured to the river bank via pivoting joints which allow the structure to rise and fall in line with pool level. The pontoon will also be attached to a mooring post which provides the ability for the structure to rise and fall in height whilst also stay in alignment with the riverbank. All aspects of the proposal are not considered to significantly interfere with the natural processes of the River Murray, given they are unlikely to be obstructive. Furthermore the proposal is not considered to increase the risk of hazards to the general public or adjoining land owners in the event of a flood. The proposal is considered to comply with Objective 2 and Principles of Development Control 1, 2, 3 and 5 of the Hazards – General Module. Marinas and Maritime Objective: 1 Structures Module Principle of Development Control: 2 The proposed pontoon is considered to be placed in a suitable location which does not impact upon public access to the riverfront, compromise public safety, impact upon the riverbank, or significantly impact upon the natural environment. The proposed pontoon will provide a safer access for the loading and unloading of boats and has been designed to have a minimal impact upon the riverine environment. The proposal is considered to comply with Objective 1 and Principle of Development Control 2 of the Marinas and Maritime Structures – General Module. Natural Resources Module Objective: 14 Principle of Development Control: 1 The proposal is considered to be designed so as to have minimal impact upon the natural character and scenic value of the riverfront area. The proposal does not seek to remove any native vegetation nor does it seek to significantly alter the river bed. The proposal is considered to comply with Objective 14 and Principle of Development Control 1 of the Natural Resources – General Module. Renewable Energy Facilities Principle of Development Control: 5 Module The proposed solar light poles will generate electricity via a solar panel and will utilise the solar energy supply power as their primary electricity source. The proposal is considered to comply with Principle of Development Control 5 of the Renewable Energy Facilities Module. Transportation and Access Principles of Development Control: 34, 36, 38, 39, 41 Module The proposed car parking area will be designed so as to not inhibit safe and convenient traffic circulation and safe entry and exit. The carpark will be provided with suitable lighting in order to provide passive surveillance from the nearby dwellings and create a safe usable public space. The lighting has been positioned so as to not create any light spill impacts on the immediate locality. The bitumen seal of the carparking area seeks to minimise dust and mud nuisance upon the

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 21 November 2019. Page 20 riverfront area. The bitumen seal also allows the carpark to be suitably line marked to indicate parking bays and direction of traffic flow. The proposal is considered to comply with Principles of Development Control 34, 36, 38, 39 and 41 of the Transportation and Access – General Module. River Murray Flood Zone Objectives: 3 Principles of Development Control: 1, 2, 3, 9, 10, 11, The proposed developments are purely for the purposes of supporting public recreation on the Kingston on Murray Riverfront. The design of the pontoon, carparking and lighting poles seek to conserve the natural features of the riverfront, not impact upon the banks natural stability or create any impacts on the river function. The pontoon will not require significant works to be installed and as it is designed to rise and fall with the pool level, it is not considered to pose any impacts upon the natural flow of the river or impede water during a flood event. The pontoon is the only public recreation structure within the locality and is not considered to create any detrimental impacts upon the riverfront amenity or character. The carpark will be clearly defined, with it being considered that predominately the vehicles accessing and exiting the land will be either using the boat ramp or involved in some form of public recreation along the riverfront. The upgrade to the car parking area will not require significant earthworks to be undertaken; rather only require general levelling, in order to accommodate the bitumen seal. All elements of the proposal are considered to be suitable for the Zone, which is further supported by the fact that the proposal is not non-complying.

SUMMARY:

The proposed developments are considered to be highly appropriate for the River Murray Zone, in that the pontoon accounts for rising and fall in pool levels, the carparking area will not impede flood waters, and the solar light poles footings have been designed to withstand a flood or allow for easy removal. The proposal is deemed to be appropriate for the locality, given the pontoon, carparking and lighting will be in direct association with the existing boat ramp. The lighting has been positioned so as to provide passive surveillance, whilst not result in light spill impacts on nearby residents. It is anticipated that the proposal will not impact upon the adjoining land owners or the locality, and that the proposed developments will further secure public recreation along the Kingston on Murray Riverfront. On balance the proposed development is not considered to be seriously at variance with the objectives and principles of the Development Plan. Looking at the development as a whole, and in consideration of the information provided by the applicant in support of the application, on balance, I recommend that the Panel determine to grant Development Plan Consent, subject to conditions and notes.

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 21 November 2019. Page 21

RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 551/199/19 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 551/199/19 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 551/199/19, except as modified by any conditions attached to this Decision Notification, specifically: Plan type Reference Dated Received Prepared By Site Plan - - 12/09/19 Applicant Pontoon Leisure Deck 2002 30/08/19 Team Poly Specifications/Design Lighting Specifications - 2019 12/11/19 Corso Intelligent Solar Lighting Pontoon configuration - 1/10/19 12/11/19 Smart Bar - ARB Supporting Email 12/11/19 12/11/19 Applicant documentation – Correspondence concrete block, carpark seal, lighting height

Conditions as directed by the Department of Environment and Water 2. 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. 3. 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. 4. Any excavation or fill material surplus to the requirements of the development must be disposed of such that it will not: a. be located within the 1956 floodplain; b. impede the natural flow of any surface waters; c. allow sediment to enter any water body; d. adversely impact native vegetation; e. facilitate the spread of pest plant and pathogenic material. 5. Any exposed areas created or exacerbated during the works must be appropriately stabilised to minimise the potential for erosion and the entry of sediment into the River Murray. 6. Appropriate measures must be undertaken to minimise water quality impacts during works on or near the riverbed. The use of a silt curtain, coffer dam or similar may assist in complying with this condition. 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 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 21 November 2019. Page 22

 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. 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.  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.  Prior to the commencement of any works, the applicant will be required to seek the approval of the Minister for Environment and Water in the form of an application for an amendment to the existing Licence to Occupy Crown Land (OL021471) to enable continued occupation of Crown land, pursuant to the Crown Land Management Act 2009. In addition, Native Title notification may be required as a pre-requisite to the issue of any licence, pursuant to the provisions of the Native Title Act 1993 (Cth). If required, the notification process is a minimum of 8 weeks – in addition to the assessment of the licence application – and will not commence until the licence application has been submitted. For further information please contact the Department for Environment and Water (Crown Lands Program, Berri) on telephone 8595 2105 and quote the Development Application number, or visit: http://www.environment.sa.gov.au/topics/crown-land.  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. For further information visit: http://taawika.sa.gov.au.  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 21 November 2019. Page 23

Item 8.3 Development application 551/D020/17 – Mr K Andrew

Application No: 551/D020/17 Council: District Council of Loxton Waikerie Relevant Authority: District Council of Loxton Waikerie Applicant: Kent Andrews - Warringa Investments Pty Ltd – C/- Anderson Surveyors Pty Ltd Owner: Kent Andrews - Warringa Investments Pty Ltd Lodgement date: 11 September 2017 Description of development: Land Division – Boundary realignment Property details: 97 Virgo Road, Ramco, as contained in Certificate of Titles: Volume 6060 Folio 959 Volume 6060 Folio 956 Volume 6060 Folio 957 Volume 6060 Folio 958 Zone / Policy Area: Primary Production Zone, Horticulture Policy Area 1 Map LoWa/27 Development plan provisions: Loxton Waikerie Development Plan, consolidated 19 April 2017 Referrals / Agency State Commission Assessment Panel consultations: SA Water Corporation Department of Planning, Transport and Infrastructure Form of assessment: Merit Public notification category: Category 1 Recommendation: Grant Development Plan Consent, subject to conditions and notes Officer: Jordan Hunt File reference: 551/D020/17 Appendices follow report:  Development Application  Wastewater Water  Certificate of Titles Disposal Report  Plan of Division  Declaration of Government  Planning Report Interests  Supporting Statement  DPTI Responses  Environmental Site  Infrastructure Department Assessment Response  SA Water Response  SCAP Response

BACKGROUND:

The applicant seeks Development Plan and Land Division Consent for a land division in the form of a boundary realignment of the subject land, comprising:  Section 894 as contained in Certificate of Title Volume 6060 Folio 959  Section 895 as contained in Certificate of Title Volume 6060 Folio 958  Section 1083 as contained in Certificate of Title Volume 6060 Folio 956  Section 1084 as contained in Certificate of Title Volume 6060 Folio 957

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 21 November 2019. Page 24

PROPOSED DEVELOPMENT:

The proposed land division seeks to realign the existing boundaries of Sections 894, 895, 1083 and 1084 and reconfigure the titles into four allotments. The proposal comprises of the following: - Allotment 61, which has an area of 1.003 hectares, a direct frontage to Ramco Road, and shares an access point with proposed lot 62. This allotment will be subject to an easement for water purposes. - Allotment 62, which has an area of 1.003 hectares, a direct frontage to Ramco Road, and shares an access point with proposed lot 61. - Allotment 63, which has an area of 1.002 hectares, a direct frontage to Ramco Road and shares an access point to Ramco Road with proposed lot 64. - Allotment 64, which has an area of 6.766 hectares, a direct frontage to Virgo Road and a narrow access handle to Ramco Road. This proposed allotment is subject to 2 easements for the purposes of water supply.

SUBJECT LAND AND LOCALITY:

The subject land is known as 97 Virgo Road as contained in Certificate of Title’s: Volume 6060 Folio 959, Volume 6060 Folio 958, Volume 6060 Folio 957 and Volume 6060 Folio 956. The subject land comprises of four separate allotments which are located wholly within the Primary Production Zone (Horticulture Policy Area 1); each of which are used predominately for horticultural purposes.00.

Section 1083 is rectangular in shape, is approximately 3.64 hectares in area and has no direct road frontage. Access to this allotment is gained via a right of way over Section 895. This allotment does not contain any built form. Section 1084 is rectangular in shape, is approximately 3.24 hectares in area and has no direct road frontage. Access to this allotment is gained via a right of way over Section 895. This allotment does not contain any built form.

Section 895 is rectangular in shape and is approximately 8081 square metres in area. The allotment has a direct frontage to Ramco Road and is subject to an easement for right of way purposes. This allotment does not contain any built form. Section 894 is indicative of a trapezium shape and is approximately 2.02 hectares in area. This allotment has a direct road frontage to Virgo Road and contains an existing dwelling and shedding.

The subject land is located within the River Murray Water Protection Area, however not within the 1956 River Murray Flood Plain.

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 21 November 2019. Page 25

Figure 1 – Aerial Imagery of the subject land - Subject land annotated in red

Figure 2 – Zoning Map Excert - Lo/Wa 27 - Subject land annotated in red

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 21 November 2019. Page 26

Figure 3 – Policy Area Map Excert - Lo/Wa 27 - Subject land annotated in red

NATURE OF DEVELOPMENT:

The proposed land division is considered to be located wholly within the Primary Production Zone (Horticulture Policy Area 1). Therefore in determining the nature of the development, Council must consider the provisions of the Primary Production Zone (Horticulture Policy Area 1) of the Loxton Waikerie Development Plan (Consolidated 19 April 2017). Within the Primary Production Zone the Non-Complying table stipulates the following: Primary Production Zone Non-Complying Development (including building work, a change in the use of land, or division of an allotment) for the following is non-complying: Land division Except where it achieves any of the following: (b) it is within the Horticulture Policy Area 1 and either (i) (ii) or (iii) apply: (iii) the land division comprises of a boundary realignment (where no additional allotments are created) and the realigned allotment(s) have a minimum area of 1 hectare in order to maximise the area of the balance lot(s) As the proposal comprises of a boundary realignment, no additional allotments are created, and the proposed allotments all have a minimum area of one hectare, the application cannot be considered as non-complying and therefore must be assessed “on merit” against the provisions of 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 21 November 2019. Page 27

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 (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 J2 provides that “… 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….” Within the Primary Production Zone (Horticulture Policy Area 1), Principle of Development Control 10 provides guiding parameters for boundary realignment proposals within the Zone. The application can therefore not be considered to be seriously at variance with the Loxton Waikerie Development Plan.

REFERRALS:

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

SA Water Corporation No services available, no requirements

One shared access serves proposed Allotment 61 and 62 via rights-of- way or common property area. The shared access would need to be designed to cater for simultaneous two-way movements of the largest vehicles expected on-site. Turning profiles should be provided to demonstrate that the shared access can accommodate the swept path of the largest vehicles and allows simultaneous two-way movement. A single access point serves proposed Allotment 63 only. Department of Planning, Transport All access to/from proposed Allotment 64 should be gained via Virgo Road and Infrastructure only. The Ramco Road boundary to proposed Allotment 64 should be removed or reduced to cater for services only (if required), and not exceed 1.5 metres in width. Furthermore, all vehicles must enter and exit Ramco Road in a forward direction. Whilst DPTI does not object to the intention of this division, it does not support the application in its current form. It is recommended that amended plans be submitted in line with the above comments, prior to any approval being granted.

In relation to, Dev App No. 551/D020/17 we would agree to the suggestion of combining the access egress points of Allotments 61 & 62 and 63 & 64 Councils to be shared points and therefore limiting the total number entering Ramco Infrastructure Road to two. The entry points constructed as per the plans are also Department considered safe and convenient with suitable line of site in both directions for users. Construction of the suggested two access egress points for the new

2 Mar Mina (SA) Pty Ltd v City of Marion & Anor [2008] SASC 120 (33)

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 21 November 2019. Page 28

Referral to Comments allotments would be to the satisfaction of the Department of Planning Transport and Infrastructure who are the custodians of Ramco Road.

PUBLIC NOTIFICATION:

In consideration of the category of public notification of the development, Schedule 9 of the Development Regulations 2008 provided specific categorisation, viz Schedule 9—Public notice categories Part 1—Category 1 development 2 Except where the development is classified as non-complying under the relevant Development Plan, any development which comprises— (f) the division of land which creates not more than 4 additional allotments; As the proposed land division does not create any additional allotments it is considered that the proposal constitutes a category 1 form of development for the purposes of public notification.

DEVELOPMENT PLAN PROVISIONS:

Infrastructure Objectives: 1 PDCs: 1, 2, 3, 5, 7, 8, 9 Each of the proposed allotments will each have access to an available electricity supply. Proposed lot 64 will retain the existing water supply infrastructure, and include an easement which provides proposed allotments 61, 62 and 63 with appropriate access to water. The applicant has provided a wastewater disposal assessment for residential purposes which identifies that proposed allotments 61, 62 and 63 will be of an appropriate size, shape and soil type to accommodate a future wastewater disposal system. Given the size of proposed lot 64 it is considered that it would be able to accommodate a future wastewater disposal system with ease. It is considered that the existing drainage channels will be retained, with any subsequent future built form including appropriate storm water collection methods. Proposed allotments 61 and 62 will share an access point to Ramco Road, whilst proposed lot 63 will share an access point to Ramco Road with proposed lot 64. Proposed lot 64 will also have an access to Virgo Road. Both Ramco Road and Virgo Road are considered to be formed all weather public roads. It is considered that the proposed accords with Objective 1 and Principles of Development Control 1, 2, 3, 5, 7, 8 and 9 of the Infrastructure – General Module. Interface between land Objectives: 1 and 3 uses PDCs: 1, 2, 4, 5, 14(b), 16 The proposed plan of division clearly seeks to create one large allotment for the purposes of primary production and three smaller allotments for rural living/residential purposes. Proposed lot 64 is considered to be of a suitable size and will continue to be used for the historic horticultural land use. The expected future residential land use of proposed lots 61,62 and 63 is not considered to result in any immediate impacts on the locality in regard to noise, vibration, light spill, electrical interference, glare, or hours of operation. In respect of potential traffic impacts, the Department of Planning, Transport and Infrastructure (DPTI) advised that they would prefer a single access point to be provided for Proposed lots 61, 62 and 63, however they would not object to a proposal which included one shared access for allotment 61 and 62, a single access point for proposed lot 63, and that proposed lot 64 only have access from Virgo Road. In considering DPTI’s advice, it is clear that they have concerns regarding

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 21 November 2019. Page 29 new access points creating potential traffic impacts on Ramco Road. This aspect is discussed in more depth later on in the report. The plan of division includes indicative building envelopes in order to demonstrate that the allotments are of a size and shape where they could accommodate future dwellings. The indicative building envelopes are considered to demonstrate that proposed lots 61, 62, and 63 could each accommodate a future dwelling which is setback at least 40 metres from their respective rear boundary; in order to appropriately mitigate adverse impacts from the existing horticultural land use, contained on proposed lot 64. However, the indicative building envelopes make it evidently clear that future built form would not be able to accommodate 40 metre side setback distance. Whilst it is recognised that proposed allotment 63 is adjoined to the east by a residential allotment and unlikely to face any implications in regard to conflicting land uses, proposed allotment 61 will be adjoined by an access handle of the adjoining horticultural allotment. This handle does provide approximately 4 additional metres of separation; however it is still considered that proposed allotment 61 may be at risk of impacts from the existing horticultural land uses. Furthermore it is important to not assume that the all three of the proposed allotments will be used for residential purposes, as any three of the allotments could be used for an alternative uses envisaged by the Zone, resulting in further potential interface impacts. The proposed rural living/residential allotments are considered to potentially impinge upon the continuance of existing horticultural activities within the locality. It is contemplated that future sensitive built form could utilise sufficient vegetation plantings as a buffer, where the 40 metre setback distances cannot be achieved. It is evident that the Primary Production Zone and Horticulture Policy Area 1 set down that agricultural land uses should not be impacted upon by encroachments of incompatible land uses (i.e. residential). The proposal is considered to somewhat meet with Objectives 1 and 3, and Principles of Development Control 1, 4, 5, 14(b), and 16 of the Interface Between Land Uses - General Module. Land Division Objectives: 2 and 3 PDCs: 1, 2, 4, 5, 6, 7, 20 and 21 The entire subject land is located wholly within the Primary Production Zone, Horticulture Policy Area 1. It is important to note that the land to the north, is however Zoned Township. Proposed allotment 64 is considered to be of a shape and size which is highly suitable for its intended use of horticulture. This allotment will retain existing built form, natural drainage channels, a water supply and a safe and convenient access to Virgo Road. The proposed access handle onto Ramco Road is considered to be of an appropriate width, be accessible to a portion of land which will accommodate manoeuvring, and not dominate the streetscape character given the crossover will be shared and battle-axe allotments are common within the locality. Proposed allotments 61, 62, and 63 will have the ability to connect to a sufficient water supply, dispose of wastewater onsite, effectively manage stormwater onsite, and have access to an all weather road. Although DPTI were not supportive of the shared access between proposed lots 63 and 64, they did consider that a shared access point for proposed lots 61 and 62 was appropriate and therefore safe and convenient. The applicant has stated that the intended use of the three, one hectare allotments is rural living/residential. The provided preliminary site assessment, wastewater report and indicative building envelopes demonstrate that the proposed allotments would be suitable for residential purposes. The proposed allotments each have a direct frontage to Ramco Road, with the future intended use not likely to require excessive cut and fill given the land is moderately level. The existing configuration of the subject land has allowed it to be holistically used for horticultural purposes. Proposed lot 64 is considered to be an efficient size and shape for the use of primary production. The three proposed one hectare allotments are not considered to be of an efficient size for a broad range of intensive agricultural land uses. Nevertheless it is acknowledge that the proposed

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 21 November 2019. Page 30 allotments could be used for other envisaged uses within the Zone, such as tourist accommodation, short term workers accommodation, or light industry associated with the processing, packaging and distribution of produce. The proposal is considered to partially fragment a total of 3 hectares of primary production land, however when reviewing the existing character of the locality and Zone, it is evidently clear that it contains a substantial number of smaller allotment solely used for residential purposes. The proposal is considered to partially meet with Objectives 2 and 3, and Principles of Development Control 1, 2, 4, 5, 6, and 7 of the Land Division – General Module. The proposal is considered to be at odds with Principles of Development Control 21 and 22 of the Land Division – General Module. Orderly and Sustainable Objectives: 3 and 4 Development PDCs: 1 and 2 Proposed allotment 64 is considered to be an appropriate horticultural allotment, which will be used for a land use which is in keeping with the adjoining authorised land uses. It is expected that this allotment could accommodate a range of different primary production activities. This proposed allotment is considered to consistent with the intent of the Zone, given it will used for the purposes of horticulture. Proposed allotments 61, 62 and 63 are not considered to be highly suitable for a range of primary production land uses, given they are all 1 hectare in area. The design the proposed land division allows it to be considered that future residential land uses could be positioned and designed so that they do not jeopardise the continuance of adjoining horticultural land uses. Whilst it is acknowledged that some envisaged uses could be accommodate on these allotments, it is clear that the future land use of these allotments is unlikely to be primarily for the purposes of primary production, given the proposed shape and size is highly suitable for residential/rural living purposes. The proposed development is considered to partially meet with Objectives 3 and 4 and Principles of Development Control 1 and 2 of the Orderly and Sustainable Development – General Module. Transportation and Access PDCs: 22, 23 and 25 The proposal in its current form does not allow for all access to be provided from a local road; however this has been addressed by implementing shared access points onto a State managed road. A shared access point onto Ramco Road will be created for proposed lots 61 and 62, and another shared access point will be created for proposed lots 63 and 64. Proposed allotment 64 will retain an existing access point onto Virgo Road as well as the access to Ramco Road. Each proposed allotment is considered to have a direct access to an all weather public road. The proposal was formally referred to DPTI (for regard), as the proposal seeks to create new access points onto Ramco Road - a State owned and managed road. It was advised by DPTI that the shared access point for proposed allotments 61 and 62 should be via right-of-way or common property area. Furthermore DPTI also request that a single access point should only be provided to proposed lot 63, and that lot 64 should only have an access to Virgo Road. The applicant was given an opportunity to amend the plan of division in respect to DPTI’s comments; however these recommendations were not adopted. Following DPTI’s comments, the proposed access points onto Ramco Road were considered by Councils Infrastructure Department. Councils Infrastructure Department considered that the proposed access points onto Ramco Road were safe and convenient, given the existing sight lines, expected future land uses, expected numbers of future vehicles, and the speed limit of this section of Ramco road. The Infrastructure Department suggested that one condition should be applied in respect to shared access widths/right-of-way widths. The proposal is considered to somewhat comply with Principles of Development Control 22, 23, and 25 of the Transportation and Access – General Module.

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Primary Production Zone - Horticulture Policy Area 1 Desired Character Statement With development fitting this spatial arrangement, it is likely that the dominant rural character of the closely settled vineyards, orchards and dryland parts of the policy area will be retained. The proposal does not seek to extinguish the existing horticultural land uses, rather retain it on one larger allotment, which is of a more viable and efficient shape. There are also several rural industries operating throughout the policy area. It is intended that further expansion of these industries (and the introduction of new industries) take place, provided it is related directly to the processing of local produce and does not cause a nuisance, hazard, or impairment of the policy area’s existing amenity. The three proposed one hectare allotments are considered to be of a size and shape where they could accommodate the expansion of existing industries associated with primary production or the introduction of new industries related to primary production. It is important to however note that suitable mitigation measures would be crucial to be included at a built form stage so as to reduce any nuisance or hazard impacts on or from existing uses. Possibilities also exist for further small-scale businesses and activities not directly related to the land’s primary production. There is scope for such development on dryland holdings in the policy area, especially when they are in the nature of cottage crafts, home activities and home-based hospitality services (including small-scale tourist accommodation). The three proposed one hectare allotments are considered suitable for small-scale business or activities which are directly related to horticulture. The allotments are considered to be able to accommodate tourist accommodate, workers accommodation or other small scale ventures with relative ease. The proposal is considered to somewhat accord with several paragraphs of the Desired Character Statement of the Horticulture Policy Area 1 Primary Production Zone Objectives: 1 and 4 Horticulture Policy Area 1 PDCs: 1, 5, 10 The proposal is considered to comprise of boundary realignment. The main reasoning behind the proposal is to rectify an unconventional layout, which has resulted in two allotments not having road frontages and requiring several right-of-way’s to be established. The proposal is seen to generally meet with the requirements of Principle of Development Control 10 below: PDC 10 - Where land division involves the realignment of existing allotment boundaries, it should not occur unless: (a) any dwelling is setback at least 40 metres from new allotment boundaries unless where it is located adjacent to a road reserve or existing non-horticultural activities (b) the new allotment or allotments containing an existing dwelling, where practicable, have a minimum allotment area of 1 hectare (c) the more productive farm land forms the balance or larger portion of the remaining allotment or allotments (d) it facilitates the orderly development and use of the land Proposed allotments 61, 62, and 63 are one hectare in area; it is considered that they could potentially facilitate an orderly use of the subject land. Furthermore proposed allotment 64 forms the larger balance of the land and could facilitate more productive land uses. The three proposed 1 hectare allotments are unable to meet with part (a) of Principle of Development Control 10 in that future dwellings will not be able to accommodate at least 40 metres from all new boundaries. Proposed allotment 64 is anticipated to be highly suitable for horticultural land uses and is directly in keeping with the intent and desires of the Zone and Policy Area. The allotment is considered to be of a size and shape where it could be highly supportive of a large range of envisaged land uses.

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Proposed allotments 61, 62 and 63 are seen to be of an untraditional configuration and size for the Primary Production Zone, Horticulture Policy Area 1. The allotments are seen to be of a configuration which may accommodate future uses such as light industry in association with processing, packaging and distribution of produce, short term workers accommodation, small scale tourist developments and tourist accommodation. It is also important to state that this specific locality does contain a large number of smaller allotments which are primarily used for residential/rural living purposes. It is evident that the three, one hectare allotments could facilitate envisaged form of development within the Zone, however it is crucial to note that the applicant intends that the proposed allotments be used for rural living/residential purposes. This intended use is supported by the preparation of a Preliminary Site Assessment, Wastewater Engineers Report and indicative building envelopes. Within the Zone, proposals for dwellings on proposed lots 61, 62, and 63 under the current Development Plan would be considered as non-complying forms of development, in accordance with the following: Primary Production Zone Non-Complying Development (including building work, a change in the use of land, or division of an allotment) for the following is non-complying: Dwelling (excluding short-term workers accommodation) Except for a dwelling that is: (a) to replace a lawfully established dwelling (b) a new detached dwelling where one of the following applies: (i) it is located on an allotment created prior to 1 December 2011 (ii) it is located on an allotment greater than 8 hectares within the Horticulture Policy Area 1 (iii) it is located on an allotment of greater than 100 hectares outside of the Horticulture Policy Area 1 It is however important to mention that on review of the draft Planning and Design Code, future dwellings on the proposed one hectare allotments, assessed under the Code would be Performance Assessed and not be considered a Restricted form of development. The proposal is considered to somewhat accord with Objectives 1 and 4 and Principles of Development Control 1, 5, and 10 of the Primary Production Zone - Horticulture Policy Area 1.

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 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.

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The proposed land division is located within a locality which has broad mix of existing historic land uses. The locality is characterised by large horticultural allotments and smaller residential sized allotments, both existing land uses predominately exist within the Primary Production Zone, Horticulture Policy Area 1. In consideration of the prevailing pattern of the existing locality, it is clear that the proposal fits within either of the predominate existing land uses. Proposed allotment 64 is of a size, shape and intended use which is in keeping with the larger land holdings to the east and west of the subject land. Proposed allotment 61, 62 and 63 are considered to be of a size, shape and intended use which is in keeping with a number of existing allotments to the east of the subject land. It is not anticipated that the creation of three rural living style allotments will imprint an inappropriate character upon the locality, as it is considered to be already very varying in land uses. Proposed allotment 64 is anticipated to be in keeping with the existing character and amenity of the locality, given the allotment will continue to contain the existing horticultural land use. Whilst proposed allotments 61, 62 and 63 are consider similar to the existing character within the locality, they may have the potential to create impacts and impinge upon the amenity of the adjoining horticultural allotments. This is due to the three allotments not being of size where they could accommodate 40 metre setback distances from future residential built form to adjoining land uses. The resulting future outcome could be the establishment of two conflicting land uses, specifically one which jeopardises the continuance of the existing horticulture uses. However, it is expected that if an application for a dwelling was to be lodged on either of the proposed 1 hectare allotments, that suitable mitigation measures could be implemented at this stage to reduce any potential conflicting land use matters. When assessed against the relevant general modules of the Development Plan, it is clear that the proposal is finely balanced in that it can easily satisfy some provisions whilst be directly at odds with others. In respects of Infrastructure, it is clear that all of the proposed allotments will be able to connect to relevant services, inclusive of onsite wastewater disposal systems. There are some parameters of the Interface between Land Use – General Module which the proposal clearly cannot meet, however when considering the configuration of the surrounding land uses, it is anticipated that future built form could be positioned and implement successful mitigation measures in order to limit interface issues. The configuration of the land division is considered to partially meet with the relevant Land Division – General Module provisions, in that each allotment could be suitable for their intended purposes of residential/rural living and horticulture. The design of the allotments also mean that whilst the three 1 hectare allotments may not be of size which is directly viable for general primary production purposes, they could be suitable for a number of alternatives envisages uses. Furthermore it is again acknowledged that DPTI were not supportive of the proposed access points, however when reviewed by Council’s Infrastructure Department it is clear that the proposed allotments will all be able to achieve a safe and convenient access, which is unlikely to impact upon the road function or the streetscape pattern. The land division is considered to be generally in accordance with the intent of the Zone in that the configuration meets with most of the guiding parameters. Furthermore the proposed allotments are of a size and shape which could accommodate envisages uses, therefore allowing the proposal to be consistent with sections of the desired character statement. It is acknowledged that the intended future residential land uses of proposed dwellings on lots 61, 62, and 63 is a non- complying form of development under the current Development Plan. However, it cannot be entirely assumed that the all three of the proposed rural living allotments will be used for residential purposes, as any three of the allotments could be used for an alternative uses envisaged by the Zone and potentially result in interface impacts. In consideration of potential future uses, it is crucial to contemplate the indicative provisions of the Planning and Design Code as if the proposal was to be granted consent, it is highly likely that the allotments will not be created prior to 1 April 2020, the date that it expected Phase 2 of the Code is implemented in the Council area. The current provisions of the Code allow that each of the proposed allotments could be used for a range of alternative land uses which are Performance Assessed, inclusive of detached dwellings.

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It is considered that the proposal is finely balanced, when assessed against the relevant provisions of the Development Plan. When reflecting upon all the relevant aspects of the proposal, it is considered that it demonstrates sufficient merits to warrant the granting of Development Plan Consent and Land Division Consent, subject to conditions. RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 551/D020/17 is not seriously at variance with the Loxton Waikerie Development Plan. 2. The Riverland Regional Assessment Panel determines to grant Development Plan Consent and Land Division Consent to Development Application 551/D020/17 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 551/D020/17, except as modified by any conditions attached to this Decision Notification, specifically: Plan type Reference Dated Received Prepared By Plan of Division 06417PROPrevD 18/10/18 19/10/18 Anderson Surveyors Pty Ltd Environmental Site 20171585R001 05/2018 18/06/18 Tonkin Consulting History Wastewater Disposal 20171585L01A 14/06/18 18/06/18 Tonkin Consulting Assessment Planning Report 551/D020/17 10/2017 16/10/17 Sandy Hansen – Planning Consultant Submission to 551/D020/17 15/08/19 09/09/19 Sandy Hansen – Planning Council (Supporting Consultant Statement)

2. Access points onto Ramco Road are to be located, constructed and maintained to the Department of Planning, Transport and Infrastructures standards. 3. The Access point onto Virgo Road is to be located, constructed and maintained to the Council’s standards.

Land division conditions: 4. No services are to traverse boundaries of the proposed allotments unless adequate provisions are provided via appropriate easements.

Condition as directed by the State Commission Assessment Panel 5. 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.

Notes: 1. The development must be substantially commenced within 12 months of the date of this Notification, unless this period has been extended by Council. 2. 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. 3. 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. 4. 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

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 21 November 2019. Page 35

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. 5. 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 21 November 2019. Page 36

Item 8.4 Development application 551/172/18 – S & M 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 Department for Environment and Water consultations: 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: Surveyed Site Plans Amended DEW Response RRAP Minutes – 20/06/19 RRAP Report – 20/06/19 with attachments

BACKGROUND:

Development application 551/172/18 was first presented to the Riverland Regional Assessment Panel on 20 June 2019. A copy of the original report and minutes of this meeting are attached for member’s reference. On the same day, the Panel undertook a site inspection of the subject land, where members indicated concerns in regard to the location of the true site boundaries and the risk of potential encroachments onto Crown Land. At the meeting the panel chose to defer the application and made the following motion: The Riverland Regional Assessment Panel determined that Development Application 551/172/18 be deferred in order for the applicant to provide a detailed site survey from a qualified surveyor for clarification of exact location of site boundaries in reference to the proposed development, and to determine whether the proposed setback is appropriate. The request for a surveyed site plan was forwarded onto the applicant.

ADDITIONAL INFORMATION:

On 12 September 2019, the applicants Planning Consultant provided a surveyed site plan for the proposal. The surveyor provided an overall site plan as well as an enlargement of the proposed glamping tent sites. The overall site plan indicate the original location of the proposed tent sites, where as the enlargement indicates both the original location as well as the now revised site locations.

When reviewing the site plans, it is clear that the original location of the proposed tent site on Section 580 encroaches onto the adjoining Crown Land; the revised site location on Section 580

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 21 November 2019. Page 37 seeks to provide a 1 metre setback from the Crown Reserve. It was also observed that the original proposed tent sites on both Sections 580 and 586 were larger in size, when compared to the revised tent sites. Furthermore the access driveway for the tent site on Section 586 also now occurs over the adjoining Crown Land. Council forwarded the revised plans to Department of Environment and Water (DEW) for comment.

REFERRALS:

The Department of Environment and Water (DEW) determined that the original referral did not considered access over Crown Land. Therefore they determined that the application required a second River Murray Referral. The amended response from the DEW identified that Native Vegetation has been removed from the land to accommodate the existing driveways. They have noted that they will consider this activity as a compliance matter for further investigation. Furthermore it was also identified that earthworks have been undertaken on the adjoining Crown Land, and that the DEW will investigate this activity as a compliance matter for further investigation. The Department of Environment and Water recommended that one additional note be applied to an approval. The amended response from the DEW is attached for member’s reference.

SUMMARY:

It is considered that the revised positioning of the proposed glamping tents does not significantly alter the nature of the proposal, nor significantly alter the original assessment. As the general nature of the proposal was not considered to change as result of the additional information, it was determined that the proposal did not require re-advertising. The amended plan provides a setback distance from the adjoining Crown Land, where as the previous proposal indicated the tents abutting this land. It is considered that the provided surveyed site plan remedies any concerns in regard to encroachment on the adjoining Crown Reserve. In my opinion, when considering the amendments to the proposal, the application still presents sufficient merits to warrant the granting of Development Plan Consent, subject to the concurrence of the State Commission Assessment Panel.

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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 Surveyed Site Plan 08519 Detail 29/08/19 12/09/19 Anderson Surveyors – Sheet 1 Pty Ltd Surveyed Site Plan 08519 Detail 29/08/19 12/09/19 Anderson Surveyors – Sheet 2 Pty Ltd 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 Effect DA 01/2019 22/01/19 Sandy Hansen 551/172/201 Planning Consultant 8 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. 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:

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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.  Prior to the commencement of any works within the Murray River National Park, the applicant will be required to seek the approval of the Minister for Environment and Water in the form of an application for a Licence to Occupy to enable continued occupation of the National Park, pursuant to the National Parks and Wildlife Act 1972. For further information please contact the Department for Environment and Water (Crown Lands Program, Berri) on telephone 8595 2105, or visit: http://www.environment.sa.gov.au/topics/crown-land.  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 Department for Environment and Water (Water Licensing Branch) on telephone 8595 2053 or visit: http://www.environment.sa.gov.au/licences-and-permits/water-licence-and- permit-forms.  Prior to the clearance of native vegetation on the land for any purpose, 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

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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.  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 and side panels removed from all permanent decking structures, so as to not impede potential floodwaters, pollute water resources or become a safety hazard. Further, any fencing should be of open design such as post and wire strand construction. Flood awareness information is available at: http://www.waterconnect.sa.gov.au/Hazard-Management/Flood-Awareness.  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).  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.  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.

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Item 8.5 Development application 551/049/16 – Mr S Reed

Application No: 551/049/2016 Council: District Council of Loxton Waikerie Relevant Authority: District Council of Loxton Waikerie Applicant: Kylie Schilling on behalf of Steve Reed Owner: Big Bird Investments Lodgement date: 25/02/2016 Description of development: Expansion of Poultry Farm – staged consent – Stage 1 earthworks; and stage 2 sites 3 & 4 comprising of 8 poultry sheds on each site and ancillary infrastructure Extension of 5 years to the commencement date for Development Application 551/049/16 to 10 June 2024. Extension of 8 years to the completion date for Development Application 551/049/16 to 10 June 2028. Property details: 8 Notts Well Road, Paisley, as contained in Certificate of Title Volume 5434 Folio 94 Zone / Policy Area: Primary Production Zone Development plan provisions: Loxton Waikerie Development Plan, consolidated 1 December 2011 (Dated 25 July 2013) Referrals / Agency DEWNR – Response included consultations: EPA – Response Included Form of assessment: Merit Public notification category: Category 3 – No representations received Recommendation: Grant an extension of 5 years to the commencement date for Development Application 551/49/16 to 10 June 2024 and an extension of 8 years to the completion date to 10 June 2028. Officer: Jordan Hunt Appendices follow report:  Original Assessment  Certificate of Title Report  Planning Report  Request for extension of  Stamped Plans Consent  DEWNR Referral  Decision Notification Form Response  Development Application  EPA Referral Response  Powerline Declaration

BACKGROUND:

Development Application 551/49/16 was granted Development Plan Consent by Council under delegated authority on the 10 June 2016 – the planning assessment report is attached for member’s reference. The Development Plan Consent was subject to 14 Council conditions, 4 EPA conditions, and 8 notes. The applicant has advised that works never commenced on the project as at the time there was no demand for the expansion of the poultry industry. The applicant has recently spoken with Ingham’s who have advised that they will require a larger supply of chickens in the near future. The applicant has therefore requested an extension of time to the date of consent for Development Application 551/49/16.

PROPOSED DEVELOPMENT:

Council originally received an application from Big Bird Investments to expand their existing free range poultry farm. The development comprised the following key components:

 Stage 1 – earthworks associated with new sites 3 and 4.

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 Stage 2 - Construction of new sites 3 and 4 each comprising: - 8 poultry sheds with ancillary range yards - 3 x 7,500 litre gas tanks (6.5m long x 1.2m wide) with safety barrier surrounds - 3 x 250,000 litre rainwater tanks (11.77m diameter and 2.31m high) - 12 feed silos (8.4m high x 3.8m wide)

The dimensions, capacity, internal design and external appearance of the proposed poultry buildings are the same as the existing poultry shed development namely: - sheds of 160m x16.5m wide (2640sqm) with wall height 2.4m and total height of 5.1m - Free range area between sheds of 156m x 17.5m (both sides of sheds) - Chain wire mesh fence of 1500mm high and two barb wires on top will be erected around the range areas and fencing in between the two range areas will be chain mesh 900mm high with no barb wire - a ‘free range’ stocking capacity of 39,680 birds per shed (approx 15.5 birds per sqm)

PUBLIC NOTIFICATION:

The original application was subject to Category 3 public notification, with no representations being received during the public notification period.

EXTENSIONS OF TIME TO THE CURRENT OPERATIVE DATES

In considering a request to extend the operative date of a consent or approval, it is crucial to reflect upon the judgment made by Her Honour Judge Trenorden of the Environment, Resources and Development Court regarding the matter of Parry & Anor vs City of Holdfast Bay (7 May 2007). The case identifies the following principles and “tests” that must be applied when considering a request to extend the operative date of a consent or approval: 1. The relevant authority should not assess the development again on its merits. A fresh assessment against the same relevant provisions of the Development Plan is not required. 2. The relevant authority must take into account whether there have been any significant amendments to the Development Act 1993 or Development Regulations 2008 since the date of the granting of the original Development Approval. 3. The relevant authority must take into account whether there have been any material changes to the relevant provisions of the appropriate Development Plan since the date of the granting of the original Development Approval. 4. The relevant authority must have regard to the period of time that had elapsed after the lapse of the Development Approval. 5. The relevant authority should consider the reasons for the need for the extension.

In the judgement, it was also made quite clear that an extension of the operative date of a consent or approval can be made, notwithstanding that the consent or approval may have lapsed prior to the request for the extension. An assessment of each of these issues is given below in order to determine whether the extension should be granted. In regard to point 1, the proposal underwent a sound assessment in the original development application and does not warrant another assessment. In reference to point 2, since the date of the issuing of Development Plan Consent, the Development Act 1993 and the Development Regulations 2008 have not undergone any significant amendments which directly impact the assessment pathway or classification of the proposal. As discussed later in the report the 2011 consolidation (dated 25 July 2013) of Council’s Development Plan does not significantly differ from the current Development Plan. The proposal is

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 21 November 2019. Page 43 considered to accord with the current provisions, and is still classified as a merit form of development, as the zoning has not changed; therefore the application meets point 3. In regard to point 4, it is acknowledged that the current Development Plan Consent lapsed on 10/06/17 as the applicant has not requested any extensions in time. It is however considered that the Consent has only been lapsed for a period of two years, and that if the applicant had sought Building Rules Consent and commenced works that the Consent would have lapsed this year. Finally in reference to point 5, the applicant outlined in his supporting statement to Council that the reasoning for the extension request’s, is due to the difficulties the applicant has faced in regard to there being a low demand for the expansion of poultry farms. The applicant has advised that Ingham’s will be requiring an increase in their poultry supply, that this increase is likely to occur in the very near future and that the expansion application will be crucial in providing adequate supply for this new found demand.

DEVELOPMENT PLAN PROVISIONS:

The proposal was originally assessed against the following development plan provisions, which related to the Loxton Waikerie Development Plan – Consolidated 1 December 2011 (Dated 25 July 2013).

Animal Keeping Module Interface Between Land Uses Module Objectives: 1, 2, 3 Objectives: 1 and 2 Principles of Development Control: 1, 2, 11, 13,14, Principles of Development Control: 1, 2, 7, 8, 9 15, 16

Design and Appearance Module Hazards Module Objectives: 1 Objectives: 1, 2, 4, 5, 10 Principles of Development Control: 1, 2, 6, 17, 18, 21 Principles of Development Control: 1, 2 ,3, 21

Infrastructure Module Natural Resources Module Objectives: 1, 4 Objectives: 1, 2, 3 Principles of Development Control: 1, 2, 3, 4, 6, 7, 9, Principles of Development Control: 1, 2, 3, 4, 7, 9, 10 10, 26, 27, 28, 29, 37, 38, 39, 40

Orderly and Sustainable Development Module Siting and Visibility Module Objectives: 1, 2, 3, 4 Objectives: 1, 2 Principles of Development Control: 1, 2, 3, 8 Principles of Development Control: 1, 2, 5, 6, 7, 8

Transportation and Access Module Waste Module Objectives: 2 Objectives: 1 Principles of Development Control: 1, 8, 13, 22, 23, Principles of Development Control: 1 25, 28, 29

Primary Production Zone Objectives: 1, 3, 5 Principles of Development Control: 1, 6, 8, 9, 13

A review of the provisions from the original Development Plan (11 December 2011 Consolidation - dated 25 July 2013) was undertaken against the provisions of the current Development Plan (19 April 2017 Consolidation).

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Whilst several of the PDC’s did not align with the numbering system of the current development plan, most of the provisions were still in place, with only several provisions reflecting minor changes in wording. PDC 7 and 8 of the Interface between Land Uses Module and PDC 18 of the Natural Resources Module of the 11 December 2011 consolidation (dated 25 July 2013) of Council’s Development Plan were the only provision which were not reflected in the current Development Plan (19 April 2017 consolidation):

Loxton Waikerie Loxton Waikerie Development Plan - 19 April 2017 Development Plan - 11 Consolidation December 2011 Consolidation

PDC 7: Development should The intent of PDC 7 can now be seen to be captured in: be sited, designed and PDC 5 of the Interface between land uses module: Sensitive uses constructed to minimise likely to conflict with the continuation of lawfully existing negative impacts of noise and developments and land uses desired for the zone should be to avoid unreasonable designed to minimize negative impacts. interference. PDC 8: Development should This intent of PDC 8 can be now seen to be captured in: be sited, designed and PDC 9 of the Interface between land uses Module constructed to minimise Development with the potential to emit significant noise (e.g. negative impacts of noise and industry) should incorporate noise attenuation measures that to avoid unreasonable prevent noise from causing unreasonable interference with the interference amenity of noise sensitive premises. PDC 28: The provision of This intent of PDC 28 can be now seen to be captured in: services, including power, PDC 9 of the Infrastructure Module: water, effluent and waste Utilities and services, including access roads and tracks, should disposal, access roads and be sited on areas already cleared of native vegetation. If this is tracks should be sited on not possible, their siting should cause minimal interference or areas already cleared of native disturbance to existing native vegetation and biodiversity. vegetation.

It is considered that the proposal still contains sufficient merits and accords with the provisions of Council’s current Development Plan. Furthermore the proposal is seen to meet with the requirements set out by her Honour Judge Trenorden. In my opinion, when considering the details discussed above, the proposal warrant the granting of extensions of time to both the commencement date and completion date.

RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines to grant an extension of 5 years to the commencement date for Development Application 551/49/16 to 10 June 2024. 2. The Riverland Regional Assessment Panel determines to grant an extension of 8 years to the completion date for Development Application 551/49/16 to 10 June 2028.

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Item 8.6 Development application 753/148/17 – P & K Belehris Family Trust

Application No: 753/148/17 Council: Renmark Paringa Council Relevant Authority: Renmark Paringa Council Applicant: P & K Belehris Family Trust Owner: Peter Belehris Lodgement date: 7 September 2017 Description of development: Pump shed (replacement) Property details: Part Lot 2 Pelican Street, Chaffey SA 5341, as contained in Certificate of Title Volume 5501 Folio 328 (Crown Land) adjacent to D35221 A3 CT 5424/909, Pelican Street, Chaffey Zone / Policy Area: River Murray Flood, Zone Map RePa/4 Development plan Renmark Paringa Council Development Plan, provisions: consolidated 31 October 2017 Referrals / Agency Department of Environment and Water consultations: Form of assessment: Merit Public notification category: Category 3 Officer: Ralph Semrau File reference: A7154 Appendices follow report:  Department of  Site Plan WD03 – 14 Environment and Water - October 2019 23 October 2019  Elevations WD04 – 14  Cover letter - 3 October October 2019 2019  Floor Plan layout view –  Site Plan WD01 – 14 28 September 2019 October 2019  Site Plan WD02 – 14 October 2019

BACKGROUND:

This application was presented to the Riverland Regional Assessment Panel Meeting on 19 September 2019. The Panel deferred a decision on the application and requested the applicant provide additional information for the Panel to consider. The following motion was adopted by RRAP at its meeting held on 19 September 2019: MOTION (RRAP 063/19): The Riverland Regional Assessment Panel determines to DEFER Development Application 753/148/17, to seek additional information, as follows: 1. A scaled site plan of the subject land showing the location of the existing pump sheds and the proposed pump shed, and the spatial relationship to the applicant’s land. 2. A scaled floor plan showing details of the pump and machinery within the proposed shed with associated manufacturer’s product information/specification and/or contractor’s advice to confirm the minimum floor area required. 3. An engineered civil plan in AHD showing the proposed cut/fill for the proposed development and the surrounding land, including any proposed alteration to the finished floor level of the proposed shed. 4. A covering letter providing the timeline for the proposed development of the applicant’s land and the

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pump shed, including the practical completion of demolition / removal of the existing pump sheds and associated infrastructure. Messrs J.B. McVicar / T.J. Norton CARRIED

The applicant has provided amended plans and information and the application was then referred back to the Department of Environment and Water in accordance with Regulation 27 of the Development Regulations 2008. It is noted the floor plan view of the shed is not to scale, however indicates infrastructure within the shed in actual measurements. It is also noted that an engineered civil plan has not been provided, however the extent of the fill and AHD levels of the pad and fill are shown on the plans in AHD metres. The applicant’s intentions for the use of the shed have not deviated from the original proposal and that is to house the infrastructure for the pumping and drawing of water from Ral Ral Creek.

PROPOSED DEVELOPMENT:

The Development Application is to erect an elevated shed on Crown Land that will house pumps, Part Lot 2 Pelican St pipeline and fill to elevate the shed. Refer to Figure 1 below for the proposed location of the shed.

Figure 1

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Figure 2

RELEVANT AUTHORITY

The Riverland Regional Assessment Panel is the relevant authority in which to make a decision on the application.

NATURE OF DEVELOPMENT:

The proposal is to construct a shed to house water pumps and associated infrastructure for the purpose of irrigating the applicant’s adjoining land. The applicant has provided a layout view of the water pumps and associated infrastructure in justifying why he requires the larger shed. There has to date been no qualified rebuttal argument presented as to why the proposed size of the shed is not required to provide the infrastructure that the applicant is proposing. The applicant has provided a floor layout of the shed justifying the space required for the infrastructure. There is also less fill proposed with this amendment. The fill is to elevate the shed and to also provide a batter up to each side of the shed.

REFERRALS:

External (mandatory) The amended Application was referred to DEW in accordance with Regulation 27 of the Development Regulations 2008 and a response was received on 23 October 2019. DEW have indicated that the proposed development would have a relatively negligible impact on the natural flow regime of the River Murray system. DEW have again indicated that the development may give the appearance that the public land is occupied for exclusive use, however the development is unlikely to significantly impede access (pedestrian and vehicle) on the flood plain. The applicant holds leases over the Crown Land for water pump infrastructure. The applicant has submitted an application to vary the existing licence under the Crown Land Management Act 2009. DEW have indicated that any determination to vary the Licence will be dependent on the outcome of a mandatory Native title notification process.

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SUMMARY:

Although the applicant is proposing less fill, it is still at odds with some of the relevant Development Plan provisions in Council’s Development Plan. The development is in accord with the envisaged land use of the River Murray Flood Zone (for irrigation purposes), in which the Crown Land is located. Refer to Figure 2 above for the planning zone boundaries. The proposed shed however exceeds the Parameters allowed for a maximum floor area and also exceeds the wall height allowed by 1 metre. It would also appear that the Applicant has justified the space required for the water pump infrastructure (refer to the shed layout drawing). DEW’s response (23 October 2019) is generally not in favour of the proposed development and especially mentions how the shed far exceeds the size for its intended use. DEW has again recommended that the Planning Authority and in this case, the Riverland Regional Assessment Panel RRAP Refuse the application. DEW has included a set of Planning Conditions and Notes should the RRAP decide to reject DEW’s Recommendation and approve the development. The process for the applicant is dependent on an approval from the Planning authority. Should the application be approved, John Belehris will be required to obtain an amended License from Crown Lands. The application is still at odds with most of the relevant Development Plan provisions and as such is unable to be supported. RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 753/148/17 is at variance with the Renmark Paringa Council Development Plan. 2. The Riverland Regional Assessment Panel determines to REFUSE Development Plan Consent to Development Application 753/148/17 for a Pump shed (Replacement), for the following reasons: 2.1 The application is at variance with Principle of Development Control 18 of the River Murray Flood Zone provisions, as it exceeds the Parameters for size and wall height of shed. 2.2 The application is at variance with Objective 3, PDC 9(a), PDC 11 (b) and PDC 22(a) of the River Murray Flood Zone provisions and is at variance with the following provisions from the General Section, Objective 1 of Hazards, Objective 1 of Natural Resources, Objective 4 and PDC 1 of Orderly and Sustainable, Objective 1 and PDC 1(a) and 4(a) of Siting and Visibility in accordance with the relevant Development Plan provisions.

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ITEM 9 OTHER BUSINESS: 9.1 Concurrence Report September 19 meeting 551/152/19 – R McConnell Concurrence granted

ITEM 10 NEXT MEETING: The next scheduled meeting of the RRAP is December 12 2019.

ITEM 11 CLOSE:

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