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Riverland Regional Assessment Panel Meeting AGENDA November

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Riverland Regional Assessment Panel Meeting AGENDA November 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. 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 1 Proposed allotment 21 is proposed to contain the existing dwelling. Proposed allotments 22, 23 and 24 are proposed to be rural living type allotments. Proposed allotments 21, 22, 23 and 24 are wholly contained within the Rural Living Zone. Proposed allotment 20 is partly contained within the Rural Living Zone and partly contained within the River Murray Flood Zone and contains the existing vineyard. SUBJECT LAND AND LOCALITY: The subject land is known as 107 Chilton Road and Allotment 12 Riverview Drive as contained in Certificate of Title Volume 5404 Folio 215 and Certificate of Title Volume 6214 Folio 96. SUBJECT SITE Figure 1: Zone Map (extract) BeBa/23 The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 21 November 2019. Page 2 SUBJECT SITE Figure 2: Policy Map (extract) BeBa/23 The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Assessment Panel, to be held Thursday 21 November 2019. Page 3 SUBJECT SITE Figure 3: Concept Plan Map BeBa/3 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 4 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 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 7 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
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