Riverland Regional Assessment Panel Meeting AGENDA Thursday

Riverland Regional Assessment Panel meeting

AGENDA

Thursday 15 October 2020

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 Renmark Paringa Council Chamber, 61 Eighteenth Street, Renmark on Thursday 15 October 2020, commencing at 1:30pm.

TIMOTHY TOL ASSESSMENT MANGER 8 October 2020 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 2020 AT 1:30 PM AT THE RENMARK PARINGA COUNCIL CHAMBER, EIGHTEENTH STREET, RENMARK.

Members:

Independent Presiding Member Mr B.G. Ballantyne Independent Members Ms J.A. Lewis, Messrs J.B. McVicar, G.D. Parsons Elected Member Mr H DuRieu

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 Mr T Tol

ITEM 1 WELCOME:

ITEM 2 PRESENT:

ITEM 3 APOLOGIES:

ITEM 4 CONFIRMATION OF MINUTES The minutes of the meeting held 17 September 2020 are attached at appendix for members information and adoption. RECOMMENDATION: That the minutes of the meeting held 17 September 2020 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 752/066/19 – Berri Resort Hotel 1 Item 8.2 Development application 752/067/20 – G Tyler 12 Item 8.3 Development application 551/157/20 – G Toop 27

Item 8.1 Development Application 752/066/19 – Berri Resort Hotel

Application No: 752/066/19 Relevant Authority: Berri Barmera Council Applicant: Studio Nine Architects Owner: Berri Resort Hotel Description of development: 20 dwellings (16 dwellings in 4 two storey buildings; 4 dwellings in 2 single storey buildings) to be used for tourist accommodation with associated car parking, trailer parking and landscaping – revised plans dated 12 March 2020. Property details: Lot 61 Riverview Drive, Berri Zone Residential Zone – Medium Density Policy Are 2 – Precinct 4 Residential and Tourism Orientated Development. Development Plan Berri Barmera Council, dated 8 December 2016 Referrals / Agency consultations: DEW, Internal Nature of Development Merit Public notification category Category 3 – no representations Recommendation: Grant Development Plan Consent - reserved matters and conditions Officer: David Altmann (Consultant Planner)

The Council Administration has chosen not to exercise its delegated authority on this application – as there may be a public perception of Council having an interest, as Council was the previous owner of the land.

PROPOSED DEVELOPMENT

The applicant seeks Development Plan Consent for 20 dwellings to be used for tourist accommodation with associated car parking, trailer parking and landscaping. 16 of the dwellings are contained in 4 two-storey buildings, in the form of residential flat buildings. The other 4 dwellings are contained in 2 single-storey buildings, also in the form of residential flat buildings. There are 19 one-bedroom dwellings and 1 two-bedroom dwelling, with self-contained kitchen, living, dining and wet areas.

The classification of the nature of the development in the form of dwellings, to be used for tourist accommodation, has been informed with legal advice based on Paradise Development (Investments) Pty Ltd v District Council of Yorke Peninsula & Anor [2008] SASC 139 (22 May 2008), where the Supreme Court ruled (amongst a range of matters) that a town house development for short term holiday rental or tourist accommodation, was in fact for dwellings as defined.

The buildings are of a modern contemporary architectural design with jasmine brown Colorbond weathering steel (Nexteel) wall panelling, Colorbond iron roofing, exposed timer purlins, aluminium louvre screens, large feature windows and balconies.

23 car parking spaces are provided to service the development – along with 5 boat/trailer parks – the car parking areas are set-aside in three bays, serviced by a private internal common road.

Large areas of open space are provided – some of these areas are marked for future possible expansion, which would be the subject of assessment at a future time. A detailed landscape design was provided by Hemisphere Landscape Design for earlier versions of the project – this has not been updated and should therefore be addressed by condition or reserved matter.

The dwellings are proposed to be let to the tourism market for short-term holiday accommodation in association with the management of the adjoining Berri Hotel Resort facility.

The subject land is located adjacent to the Berri Riverfront, as shown in the figure below - allotment 61 in DP 95131, Riverview Drive, Berri, as contained in Certificate of Title - Volume 6155 Folio 911.

2nd town oval

Town Centre Main town oval

Caravan park & expansion Berri Hotel and Motel

Former bowling greens

Riverfront reserve

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 2

The subject land (shown in yellow) has an area of 1.133 ha – the site of the proposed development (shown in red) has an area of approximately 6675sqm – the balance of the land to the east (former bowling greens) is set- aside for a possible future stage.

Access to the site is from via Riverview Drive, connecting to the local street network.

The locality is characterised by its town centre, the riverfront, community recreational and tourism activity, and tourist accommodation facilities.

REFERRALS

River Murray Minister

Advised that the proposed development generally complies with the Objects of the River Murray Act 2003 and its Objectives for a Healthy River Murray and is unlikely to result in any harm to the River Murray system.

Conditions under power of Direction.

SA Health

Advised that the wastewater application lodged by the applicant has been approved under the SA Public Heath (Wastewater) Regulations, subject to various conditions.

Internal

Advised that the Council CWMS pump station and pipework were upgraded in 2019 and is acceptable as it relates to the proposed development.

Provided general commentary with regards to stormwater management and need for cleaning of Gross Pollutant Trap.

Final detailed stormwater design plans required for Council approval prior to Development Approval, via a reserved matter.

PUBLIC NOTIFICATION

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 3

The Council administration classified the development as a Category 3 form of development and publicly notified the application accordingly - no representations were received.

As outlined earlier, the classification of the nature of the development in the form of dwellings, to be used for tourist accommodation, has been informed with legal advice based on case law. With this in mind, in hindsight, the development was likely to be a Category 2 form of development by virtue of the development being in the form of dwellings – predominantly 2 storey dwellings – Schedule 9, Part 2, Category 2, Clause 18.

Nothing impacts on the Category 2 vs 3 determination as no Category 3 representations were received in any event.

DEVELOPMENT PLAN ASSESSMENT

The subject land is located in the Residential Zone – Medium Density Policy Are 2 – Precinct 4 Residential and Tourism Orientated Development, as illustrated in the figures below.

Land use Orderly and Sustainable Development module Medium Density Policy Area 2 Objective 1, 3, 4, 6-8 Objective 1 Principle of Development Control 1, 3, 8 Principle of Development Control 1

Tourism Development module Precinct 4 (Residential and Tourism Orientated Objective 6, 7, 9 Development) Principle of Development Control 1, 4, 6 Principle of Development Control 10

Residential Zone Objectives 1, 2 Principle of Development Control 1, 3, 6

As outlined in more detail earlier, the applicant seeks to establish 20 dwellings to be used for tourist accommodation with associated car parking, trailer parking and landscaping.

All forms of dwellings are envisaged in the Residential Zone, with merit assessment pathways – an increase in dwelling densities is promoted in close proximity to centres, public transport routes and public open spaces.

More specifically, Precinct 4 (Residential and Tourism Orientated Development) of the Medium Density Policy Area is set-aside for medium density development, in close proximity to the town centre. The precinct is to provide long term strategic development and redevelopment options for integrated residential and tourism orientated development, inclusive of tourism accommodation, in a riverfront context which gains the benefit of its close proximity to the town centre.

The precinct specifically acknowledges the opportunity for redevelopment, in association with the adjoining Caravan and Tourist Park Zone and Recreation Zone, and for integrated tourism and residential development which takes advantage of proximity to open space/recreation activity areas along the Berri riverfront.

Further to the above, it is proposed that the development be undertaken in association with the existing Berri Hotel Resort, which directly abuts the subject land to the west.

The proposed development complies with the land use provisions of the Development Plan.

Design and siting

Crime Prevention module Energy efficiency module Objective 1 Principle of Development Control 1-3 Principle of Development Control 1, 2, 5, 8 Residential Development module Design and Appearance module Objective 1, 2, 3 Objective 1 Principle of Development Control 1-3, 6, 8-11, 13, 15, Medium Density Policy Area 2 18, 21 Objective 4

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 5 Principle of Development Control 1, 7-12, 14, 19, 20, Principle of Development Control 3, 6 23, 24, 27, 29, 30 Precinct 4 (Residential and Tourism Orientated Siting and Visibility module Development) Objective 2 Principle of Development Control 11

Tourism Development module Principle of Development Control 3, 7

The design layout has been refined a number of times, based on feedback from the Council and client.

The architectural theme exhibits modern two storey and single storey contemporary designed buildings with similar style – with a variety of staggered setbacks, balconies, verandah treatments and large feature windows – with quality building materials, finishes and colours.

As illustrated in the graphics below (Studio Nine), the proposed buildings exhibit an impressive modern presentation to the street, with a staggered variety of setbacks, building articulation/features and landscape treatments.

Application 3-D drawings – illustrating street presentation with Berri Resort Hotel in background

The proposed development generally complies with the broad range of design and siting provisions of the Development Plan in terms of bulk, scale, height and built form – noting the two storey height of approximately 7m is below the Development Plan guideline of 8m for residential development in Principle of Development Control 8 of the Residential Zone.

The setback from Riverview Drive, at 5, 7 and 9 metres staggered, is acceptable having regard to the zone provisions, the siting of the Berri Hotel building and in the context of the locality.

In terms of density, Precinct 4 (Residential and Tourism Orientated Development) gives no numerical guideline on density, so as to allow for each case to be considered on its overall merits – however, as a guide, PDC 6 of the Medium Density Policy Area seeks that medium density housing (in this case) has an average of no less than 200sqm per dwelling. The proposed development readily meets this guideline, with an average approximate density of 334sqm per unit.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 6 PDC 11 of Precinct 4 sets more detailed design policy that is applicable to this proposal – the proposed development meets with this policy as it:-

• Provides for medium density residential development and tourism orientated development • Has a height of no more than 3 storeys, at a maximum of 2 storeys • Has the ability to be connected to the town’s Community Waste Water Management system • Establishes a variety of building clusters, setbacks and massing • Exhibits building height, bulk and scale that is complementary to the built form in the locality and zone, and does not dominate or detract from the streetscape characteristics along the waterfront • Promotes open space and linkages • Has scope for sustainable environmental outcomes in terms of built design, use of solar and other energy efficient design techniques, water re-use and landscaping • Has suitable areas for the provision of on-site car parking and service facilities that are suitably located.

Given the context of the site and locality, no direct overlooking into neighbouring residential properties occurs from proposed balconies – where overlooking is essentially over the street towards to Riverfront Reserve.

Given the size of the subject land, and position of the proposed buildings, no overshadowing impact would occur – good surveillance is available in relation to crime presentation aspects – the design generally provides for good access to sunlight.

The overall design and provision of associated services also complies with the Tourism Development module, providing for a mix of accommodation types, providing for increased visitation, and being adjacent to the River Murray.

Services

Infrastructure module Tourism Development module Objective 1 Principle of Development Control 10 Principle of Development Control 1, 5 Transportation and Access module Orderly and Sustainable Development module Principle of Development Control 5, 8, 13, 14, 22, 23, Objective 2 29, 30, 32, 34, 39

Residential Development module Waste module Principle of Development Control 37-40, 42 Principle of Development Control 10

The following considerations are outlined in relation to services.

Stormwater

PT Design Structural and Civil Engineering outlined a preliminary stormwater management plan, subject to final design.

The stormwater management plan stated:-

‘Given the nature of the flat site, each of the building’s FFLs have been proposed at RL 17.10. This is typically 200mm above the existing ground level which will allow for a safe overland flow path around the buildings during a major storm event. It is considerably higher than the street water table once again protecting it from major storm flows in the street.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 7 Given the commercial nature of the buildings, no harvesting of the stormwater has been proposed. The cost to harvest and treat the stormwater for re-use is considered far too costly to be of any value to the development. All paved areas (other than the carpark areas) will be directed to the garden areas offering some passive watering to the landscaping. The paving and landscaping extents will be worked through during the detailed design stage.

Given the small roof areas and large areas for landscaping of the proposal the catchment areas will be of a similar ratio to when the site was utilised as a bowling club. As such, the overall flows leaving the site will remain relatively similar. No stormwater detention has therefore been considered.

All roof and carpark catchment areas within the site will be directed to the existing stormwater connection point in the south of the site. Final stormwater pipe layout and sizes will be determined in accordance with AS3500.3 during detailed design development stage in the future.

Water Sensitive Urban Design (WSUD) measures will be provided by way of passive watering to the landscape areas as previously mentioned. All stormwater collected from the carpark areas will be treated via a Gross Pollutant Trap/Oil and Grease Arrestor prior to discharging from the site.’

Given the use of the vast landscaping areas for stormwater management, in conjunction with use of the street watertable and disposal to the river, the strategy is not unreasonable – however, given the close interrelationship of landscape design and stormwater management (again noting that the landscape plan by Hemisphere Landscape Design has not been updated from earlier versions of the project), in the event that the Panel seeks to grant consent, a reserved matter should be set relating to the provision of the final landscape design and final stormwater management plan (along with WSUD provisions).

Wastewater

As outlined earlier, SA Health has granted approval for the wastewater system under the SA Public Heath (Wastewater) Regulations, subject to various conditions.

Council has advised that the Council CWMS pump station and pipework were upgraded in 2019 and is acceptable as it relates to the proposed development.

Car parking/traffic

23 car parking spaces are provided to service the development – along with 5 boat/trailer parks – the car parking areas are set-aside in three bays, serviced by a private internal common road.

Whilst the Development Plans generally requires 2 car parking spaces per dwelling, the proposed development is for tourist accommodation, where the provision of parking on this basis has been acceptable to the Council through the design phase over the past 12 months.

PDC 10 of the Tourism Development Module requires one space for each guest room or suite of rooms – this is consistent (as a guide) for developments such as a motel where one car park per guest room is required by Table BeBa/3 (Off Street Vehicle Parking Requirements).

With 21 guest rooms, the proposed development meets with the above requirements and has been considered acceptable by Council throughout the development application design and review process.

Council has considered that the local road network can adequately cater with the proposed development, noting that Riverview Drive was once part of the arterial road network.

The site has availability of other town services – the development also has scope for renewable energy and WSUD initiatives.

Waste management would be via waste management contractors, as part of the operation and management the Berri Resort Hotel facility. MFY has vetted the proposal and deemed the design acceptable having regard to access/egress for refuse vehicles and turning paths within the central part of the development adjacent to storage bins.

Day-day operation and management of the facility would also be centrally managed – for patron bookings, patron management, cleaning of units and the like.

Excellent linkages are available for pedestrians and cyclists to the riverfront, the town centre and other facilities in the immediate and broader location.

Environmental

Hazards module Natural Resources module Objective 1 Objective 1, 2, 5, 15 Principle of Development Control 1, 3, 21 Principle of Development Control 1, 5, 7-10, 17, 18

Interface between Land Uses module Residential Development module Principle of Development Control 1 Principle of Development Control 6

The proposed development seeks to access the Council’s Community Wastewater Management System for the disposal of wastewater – this is deemed acceptable to Council’s Infrastructure department and SA Health.

PT Design Structural and Civil Engineering, outlined a preliminary stormwater management plan, subject to final design. Whilst generally satisfactory at a high level, as outlined earlier, in the event that the Panel seeks to grant consent, a reserved matter should be set relating to provision of the final landscape design and final stormwater management plan (along with WSUD provisions).

No vegetation is proposed to be removed.

The land is located outside of the 1956 flood plain of the River Murray – the proposal has been vetted by DEW to its satisfaction.

The land has been rezoned for its intended purpose.

Summary

The proposed development is an envisaged form of development in the Residential Zone and Precinct 4 (Residential and Tourism Orientated Development) of the Medium Density Policy Area – and is of an acceptable contemporary design.

The subject land is well located with good integration with the riverfront, the town centre and other facilities in the location.

The proposed development complies with the Development Plan to a degree where it warrants consent, subject to conditions.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 9 RECOMMENDATION 1 The Riverland Regional Development Assessment Panel determines that pursuant to Section 35(2) of the Development Act, Development Application 752/066/19 is not seriously at variance with the Berri Barmera Council Development Plan.

2 The Riverland Regional Development Assessment Panel, pursuant to Section 33 of the Development Act, determines to grant Development Plan Consent to Development Application 752/066/19 by Studio Nine Architects, for 20 dwellings (16 dwellings in 4 two storey buildings; 4 dwellings in 2 single storey buildings) to be used for tourist accommodation with associated car parking, trailer parking and landscaping, at Lot 61 Riverview Drive, Berri, subject to the following Reserved Matters being satisfied and subject to the following conditions:-

Reserved matters

That pursuant to Section 33(3) of the Development Act 1993, the Applicant shall submit the following additional information for further assessment by the Council prior to Development Approval of the application:

• Final landscape plan • Fencing details • Final stormwater management plan, and incorporating WSUD principles.

Council conditions

1. Development is to take place in accordance with the supporting documentation and plans relating to Development Application Number 752/066/19 (revised plans dated 12 March 2020), except as modified by any conditions attached to this Decision Notification. 2. The development must be connected to an approved wastewater control system. Final design and applications for approval of the wastewater control system must be assessed by the Council prior to Development Approval. 3. That all car parks, driveways and vehicle manoeuvring areas shall be set out and line marked in accordance with the approved plans and in accordance with Australian Standard 2890.1 - 1993 - Off Street Parking - Car Parking Facilities and be constructed, drained and paved with bitumen, concrete or paving bricks in accordance with sound engineering practice to the reasonable satisfaction of Council prior to use of the development. 4. Waste disposal vehicles and general delivery vehicles to only service the development between the hours of 7.00 a.m. and 7.00 p.m. on any day.

DEW conditions 5. 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. 6. 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. 7. 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.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 10 8. Stormwater run-off from the tourist accommodation units must be managed to prevent erosion or pollution of the site and the environment, and diverted away from wastewater disposal areas, such as septic tanks and aerobic systems. Connection to water storage tanks would assist in complying with this condition.

Notes:-

1. Building Rules approval and final Development Approval must be sought and obtained prior to undertaken any development. 2. No signage shall be erected without the prior consent of the relevant planning authority. 3. 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. 4. Prior to the clearance of native vegetation 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 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. 5. 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. 6. If the applicant wishes to use water (other than for firefighting purposes) from the River Murray Prescribed Watercourse or wells, then they may be required to apply to the Department for Environment and Water (DEW) for a water licence, pursuant to the Natural Resources Management Act 2004. Further, a permit is required for any work to be carried out on a well or for new wells to be drilled. For further information contact the DEW Water Licensing Branch on telephone 8595 2053 or visit: http://www.environment.sa.gov.au/licences-and-permits/water-licence-and-permit-forms. 7. 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. 8. 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.

Application No: 752/067/20 Council: Berri Barmera Council Relevant Authority: Berri Barmera Council Applicant: Mark Yates Owner: Graham Tyler Lodgement date: 2 June 2020 (Fees Paid 16 June 2020) Description of development: Erection of 8 rows of ground mounted photovoltaic arrays comprising 720 x 315w Panels (Total 226kW system) on tilt frames and provision of 4 inverters, with associated landscaping along street frontage. Property details: No. 164 (Section 765) Nixon Road, Monash as contained in Certificate of Title Volume 5927 Folio 898 Zone / Policy Area: Primary Production Zone, Horticulture Policy Area 1, Map BeBa/6 Development plan provisions: Berri Barmera Council Development Plan, as consolidated 8 December 2016 Referrals / Agency Nil consultations: Form of assessment: Merit Public notification category: Category 2 Recommendation: Development Plan Consent be Granted Officer: Andrew Cronin of AcroPLAN[SA] (consultant planner) File reference: I191115-150, A4770 Appendices follow report: • Application Forms • Representations • Certificate of Title • Applicants Response • Site Plan • Solar Specifications

BACKGROUND & HISTORY OF THE SITE:

The subject site is a trapezium shaped allotment of just under 2.1Ha with road frontages to Nixon Road (sealed) and Ellis Road (sealed), to the front and rear respectively. Its northern and southern boundaries are parallel, while the eastern rear boundary is perpendicular to these boundaries. The road frontage to Nixon Road is askew to the north west with a frontage of around 179 metres (m). The land is currently used for residential purposes, with a single storey detached dwelling, a number of sheds and outbuildings, large rainwater tanks, an on-site waste control system and soakage area and an area that appears to be used for storage of old vehicles for wrecking purposes. The site does not appear to have historically been used for irrigated horticulture and viticulture, however a number of allotments nearby are used for such purposes.

PROPOSED DEVELOPMENT:

The applicant seeks Development Plan Consent to erect 8 rows of 90 solar photovoltaic panels mounted on tilted frames with a total combined number of Panels being 720, to generate a maximum of 226kW of power, with 4 associated inverters. The height of the frames does not exceed 2.2m at the highest point, and at the lowest point each frame is around 600mm above ground. Frames are erected to a 30-degree angle facing north to maximise the efficiency of the solar panels.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 12 The proposed development includes provision of native landscape screening along the primary street frontage behind the proposed security chain mesh fence. Species have not been nominated. The rows of panels are not closer than 5m to the western front boundary and have a spatial separation to the nearest non-associated dwelling (northern neighbour) of just under 60 metres. The dwelling on the land is almost equidistant to each road frontage but slightly towards the south of centre, and the association waste control system and soakage area is more than 60m from the proposed development.

SUBJECT LAND AND LOCALITY:

The subject land is known as 164 Nixon Road, Monash as contained in Certificate of Title Volume 5927 Folio 898. The land is a Torrens Titled parcel and has no easements or encumbrances, nor any Land Management Agreements or Heritage Agreements affecting the title. The site is largely flat and devoid of native vegetation. The area where the proposed development is to occur is clear of any structures or vegetation at present.

The land is some 2.1Ha overall and currently contains a detached single storey dwelling estimated to be around 40 to 50 years of age, separate sheds, verandahs, waste control system and soakage area, and a yard for storage vehicles for wrecking purposes on the eastern part of the allotment.

The site is entirely in the Primary Production Zone and within the Horticulture Policy Area 1. The land to the east of the site is within the Rural Landscape Protection Zone, containing mostly native scrub and limited clusters of buildings, inclusive of generally one dwelling on each of these “scrub” allotments.

While Primary Production zoned the locality currently contains a variety of land uses, including irrigated horticulture and viticulture, agricultural industries including a large winery with bottling and bulk storage facility and horticultural related industries such as packing sheds, and small non-productive rural living sized land holdings, of a more typical “rural living” type tenure with low scale animal keeping and larger outbuildings and sheds commonly associated with this type of tenure.

Allotments in the locality vary in size from the smallest rural living allotments nearby being just under 4000m2, to allotments of around 8.8Ha., and larger holdings of land are generally east of the site and within the Rural Landscape Zone.

Important to note is that there has been two relatively recent applications for much larger solar farms nearby, including the Monash Solar Farm development, comprising a 100mW solar farm comprising two separate sections (northern and southern) with the edge of each site within 1.4 kilometres (km) of the subject site to the east, on land currently contained in the very large (> 9000 Ha) “Monash Station”, which is a grazing and cropping property that extends much further north and west. Separately, Monash REWARD, which is a large-scale irrigated horticulture project is also within Monash Station land north of the current irrigated areas surrounding Monash township, obtained State Commission Assessment Panel approval and within this development, its own 6mW solar system was proposed to service the water pumping and other electricity demands of the project. The latter application for the 100mW solar farm now ameliorates the need for the REWARD project to have its own solar farm, due to agreements reached between the parties involved.

Nevertheless, with 100mW of solar infrastructure to be located within 1.5km of the site it is expected that more broadly, there is imminent change to the character of the locality. The REWARD project has all necessary approvals in place and will provide for around 3300Ha extension to the existing irrigation area in Monash, mostly within land to the north of existing irrigated areas, while the Mango Power Monash solar farm will occupy some 530Ha of land east of Monash.

Monash

Figure 1: Zone Map (extract) BeBa/6

Primary Production Zone SUBJECT SITE (Horticulture Policy Area No. 34 Ellis Rd - 1) Representor No. 164

Rural Landscape Protection Zone

Figure 2: Zone Map (Enlarged & Annotated) BeBa/6

Figure 3: Policy Area Map (Extract & Annotated) BeBa/6

Figure 4: Aerial – Site & Locality

Figure 6: Proposed Development Location from Nixon Road

Figure 7: Site from Ellis Road

In determining the nature of development, Council must consider the appropriate definition. The development is of a scale that services the existing dwelling, and potentially with surplus generated for commercial purpose to supply within the wider community. While larger than a typical system associated with residential property, the maximum output of the solar array is 226kW while solar farms typically generate in the 10s to 100s of Megawatts of electricity per day. The type of array cannot reasonably be construed as being a type of “farming” or “industrial” activity, and nor could any number of solar panels irrespective of the size of the overall array for that matter given the respective definitions of farming and industry. The development is not defined in the definitions of Schedule 1 of the Development Regulations 2008. Therefore, the proposal is neither complying nor non-complying within the Primary Production Zone or Horticulture Policy Area and accordingly must be considered on merit in accordance with Section 33(1) of the Development Act 1993 (“the Act”), given the application was lodged prior to Phase 2 of the Planning and Design Code on 31 July 2020.

PUBLIC NOTIFICATION:

The proposed development comprising solar panels (either freestanding or on roof mounted) where not associated with a dwelling is listed as a Category 2 development in the Primary Production Zone Public Notification section in Procedural Matters of that Zone in the Berri Barmera Development Plan – Consolidated 8 December 2016. It is noted that there is a dwelling on the site but the bulk of energy generated is likely to be consumed by external users and given the distance between the dwelling and the solar array it is reasonable to suggest the solar system is not directly associated with a dwelling. Letters notifying of the proposed development was sent to owners and occupiers of each piece of adjacent land and any other owner or occupier of land. Of the two (2) representations were received during public notification, one was a valid representation from inside the adjacent property ring, while another was received from a nearby landowner some 600m from the site. Neither representor indicated a desire to be heard. The valid and non-valid representations were received from the following parties:

NAME ADDRESS WISH TO BE HEARD 1 Dean Endemann 34 Ellis Road, MONASH NO 2 Adrian Wallace 112 Nixon Road, MONASH NO

The matters raised in the representations include: • Suitability of proposed “non-complying” land use • Impact on the amenity for nearby residents • Electrical Interference The applicant responded to the representations, clarifying: • The proposed type of land use is not non-complying, and an envisaged use in the Primary Production Zone and specifically within Horticulture Policy Area 1; • While some visual impact can be expected, “the level of screen planting proposed along Nixon Road, the setback of the solar farm from nearby dwellings and the orientation and siting of the dwellings”, it is “not considered to be unreasonable in this instance”.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 17 • The solar panels do not generate any form of electromagnetic interference (EMI), while the inverters generate very low frequency EMI and that, “the level of power of the ABB string inverters (50-60kW) will not disturb the radio frequencies emitted from Mr Wallace's property given the minimal level of EMI produced and location of his dwelling which is approximately 600 metres from the proposal”. A copy of the representations and the applicant’s response is attached to this Report.

SUBJECT SITE

Figure 8: Location of valid representor within the immediate locality (denoted in yellow)

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

35—Special provisions relating to assessment against Development Plan

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

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

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 18 The application is for an array of ground mounted solar photovoltaic panels in the Primary Production Zone and the Horticulture Policy Area 1. Both the Zone and Policy Area specifically envisage solar photovoltaic panels, whether or not associated with residential use.

The proposed development appears to satisfy the General Section Principles of Development Control for provision of alternative energy facilities, supporting environmentally sustainable development.

The application cannot reasonably be considered seriously at variance with the Development Plan. REFERRALS: Nil DEVELOPMENT PLAN PROVISIONS: General Section Design and Objectives: 1 Appearance PDCs: 1, 2, 3, 4, 6, 10, 16, 17

The proposed solar panels are mounted on tilt frames that are quite low in scale, with a height of not greater than 2.2m above ground. The panels themselves are designed to absorb rather than reflect light, and therefore the colour of the panels, as is typical, is black. Oblique angles from sunlight can however cause reflection despite this, and the proposal incorporates landscaping as visual screening to mitigate against this. An assessment of the General, Objectives and Principles of Development Control for Design and Appearance suggests a number of relevant factors for consideration in the design and siting of buildings, however the provisions do not strictly speak to solar photovoltaic cells or other infrastructure to support buildings, other than with respect to roof mounted plant. Objective 1 contemplates development of a high architectural standard that responds to and reinforces the positive aspects of the local environment and built form, and the proposal responds appropriately to this in being sited away from the boundaries to adjacent dwellings and having adequate landscape screening to limit the visibility of the panels from adjacent dwellings. The frames of the panels are also not greater than 2.2m in height above the ground level, and the proposed development supports the environmentally sustainable use of energy for an associated dwelling on the site. The proposed structures are sufficiently far from boundaries to limit visual impact and will not have any overshadowing impact, thereby achieving the planning intent of PDC 4 of Design and Appearance. External glare is considered to be minimal from the proposal and would only occur for quite limited times when sun angles create an “oblique” reflectivity off the panels to off-site receivers. The materials are by no means “highly reflective” given the panels are black. It is considered that the proposal is sufficiently in accordance with the intent of PDC 6 of Design and Appearance, which nonetheless speaks to “walls and roofs” of buildings so it is debatable as to whether it actually applies to the proposal. All other Objectives and PDCs in Design and Appearance are considered to be adequately addressed, wherever they are relevant.

Interface Objectives: 1, 2 and 3 Between Land PDCs: 1, 2, 5 and 9 Uses

The subject site is within the Primary Production Zone and is within close proximity to irrigated horticulture, including vineyards with associated industry, rural living and other low density residential and vacant uses, together with a large “scrub” land holdings containing dwellings and associated outbuildings. The applicant has not indicated that the panels are for domestic electricity supply only, and given the modest dwelling on the site

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 19 it is expected that the bulk of electricity generated but will ‘feed’ back to the grid, as is typical for any solar system. The panels, once installed, require little ongoing maintenance and have very limited potential off-site impacts. The one potential impact of glare has been discussed in the previous section, together with the response from the planner acting for the proponent in the ‘response to representations’. The proposal has no potential to create impact through odour, dust, pollutants, noise, vibration, light spill, hours of operation, or traffic generation and has adequately addressed the issue of glare. Therefore, the proposal sufficiently accords with PDC 1 of the Interface Between Land Uses provisions. PDC 2 contemplates development that is sited and designed to minimise negative impacts on existing and potential future uses desired in the locality. The type of use is encouraged in the Zone and Policy Area, and furthermore the local supply of sustainable electricity is important for growers in the region. The land is not a viable primary production allotment and never has been. There are no interface issues between solar farms and horticulture in the region. The main interface concern arises where there is direct view of such facilities from residential property. It is a long-held planning principle, and reflected in numerous cases that have been before the Environment, Resources and Development Court, that persons that live within Primary Production, Primary Industry, Rural or similar type Zones cannot reasonably expect the same level of amenity as residential property within a principally residential context. Externalities are generated in such Zones that are a by-product of the uses specifically envisaged in such zones and those that choose to live in these areas must weigh up the “pros” and “cons” of doing so, and expect some degree of dust, noise, smell, larger buildings and supporting infrastructure, while also enjoying a predominantly low-traffic environment, rural outlook and generally better “baseline” environmental conditions than within populated areas. An important consideration for any non-agricultural use in the Zone is highlighted in the Desired Character Statement of the Primary Production Zone; viz: It is important for non-agricultural development to recognise and appreciate that the zone is designed for agriculture first and foremost, and that nonagricultural development is required to accommodate itself to the potential effects of such development (e.g. dust, spray drift, noise, as well as use of machinery and equipment at different times of the day, night and year). If non-agricultural development (including dwellings) cannot accommodate this situation, it would be better for development to be located in another zone. (emphasis added) The proposal comprises a series of ground mounted frames that contain solar panels. They will have some visibility from adjacent roads, however it is noted that within the Desired Character Statement of the Zone there is discussion that by necessity, windfarms are expected to be located on ridge lines, and in generally highly visible locations and potentially at closer setbacks to those stipulated in General setback policy. The same principle could apply to solar farms. They are required to have directed, unimpeded access to sunlight, and therefore having tall screening vegetation around them is not always a viable option. It is stated in the Primary Production Zone Desired Character Statement, that: “Subject to implementation of management techniques set out by general / council wide policy regarding renewable energy facilities, these visual impacts are to be accepted in pursuit of benefits derived from increased generation of renewable energy”. (emphasis added)

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 20 It is important to note that solar panels have no prescribed evaluation distance from the perspective of the Environment Protection Act. Therefore, there is nothing from an “environmental harm” perspective to require specific separation distances between solar farms and sensitive land uses. While the array is larger than typically found within a “hobby farm” type allotment, the property is in the Primary Production Zone, and at around 2.1 hectares there is limited scope for viable primary production on the site. There is an abundant area of uncovered ground that will remain post development and sufficient area to accommodate meaningful landscaping and all of the functions of a dwelling, including entertaining, vehicle parking and manoeuvring, private open space, soakage areas for the waste control system and the system itself. It is important to note the proposal is sufficiently far from all of the above, to ensure that the proper functional arrangements of the dwelling, access and waste control are maintained. Overall, the proposal will co-exist without any interface issues with existing and future uses anticipated for the site and adjacent sites in the locality. Therefore, the proposed development achieves the goals of the relevant provisions of the Interface Between Land Uses section.

Landscaping, Objectives: 1 and 2 Fences and PDCs: 1, 2, 3, 4, 5 and 6 Walls

The existing site conditions consist of minimal landscaping other than a few scattered small shrubs and trees, while the proposal includes boundary plantings for around 85 metres on the Nixon Road frontage to provide some visual screening of the proposal. The plans and details supporting the application do not specifically note the type of trees and shrubs but indicate native tree species are to be used. The western boundary is the primary frontage to the site and the panels are to be substantially closer to the road than the existing dwelling on the site. The landscaping will assist in providing screening to the road and nearby occupiers to the west. The closest non-associated dwelling is on the site to the north of the subject land. The proposed landscaping, while not specified, is south of this property and therefore would not overshadow the adjacent land, thereby addressing PDC 2(a) in Landscaping Fences and Walls in not unreasonably restricting solar access to adjacent development. The proposed landscaping sufficiently complements the existing and proposed built form, enhances the appearance of the subject site as viewed from neighbouring property, and assists in providing a wind break to mitigate against wind blown dust. Fencing is noted to be chain mesh, to surround the solar farm, which is entirely appropriate for an area of rural character. Subject to appropriate conditions of approval, landscaping and fencing is considered to sufficiently address the relevant Objectives and Principles of the Landscaping, Fences and Walls section. A suitable condition of approval that requires a detailed landscaping plan and schedule to be provided prior to Development Approval, with a mix of native trees and shrubs to be established within 6 months of the completion of the installation of the solar farm has been included in the Recommendation section of this report.

Orderly and Objectives: 1, 2, 3, 4, 6, 7, 12 and 13 Sustainable PDCs: 1, 3, 4 and 8 Development

As alluded to in the relevant section of Interface between Land Uses, the proposal does not jeopardise the Zone for its intended purpose, nor the continuance of adjoining authorised land uses. Therefore, the proposal is considered to be in accordance with Objective 2, and PDC 3 of the Orderly and Sustainable Development Section.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 21 The proposal is considered to support Objective 1, insofar as achieving orderly and economical development that creates and safe, convenient and pleasant environment in which to live, with a form of development that supports the sustainable use of resources and the landscape screening and separation distance of the structures from any nearby dwellings sufficiently alleviating any potential off-site visual impacts.

Renewable Objectives: 1, 2, 3 Energy Facilities PDCs: 1, 5 Energy Objectives: 1, 2 Efficiency PDCs: 1, 3

Renewable Energy Facilities Objective 1 and 3 state respectively: Obj. 1 Development of renewable energy facilities that benefit the environment, the community and the state. Obj. 3 Location, siting, design and operation of renewable energy facilities to avoid or minimise adverse impacts on the natural environment and other land uses

For reasons previously discussed the location of the solar array and the screening methods proposed, with a suitable landscape buffer ensure that the potential off site impacts from the solar panels are minimised. Solar energy is a benefit to the environment, and wider community and South Australia boasts the position of leading the nation in its uptake of domestic solar systems, and also in the generation of commercial scale renewable energy. The Energy Efficiency provisions strongly support the use of renewable energy resources such as solar for on- site power generation (Obj 2) and development being sited and designed to conserve energy and minimise waste (Obj 1), with the efficient use of PV cells and solar hot water systems by position of such panels taking into account overshadowing from neighbouring buildings, and being designed with orientation and pitch to maximise sunlight exposure (PDC 3). The proposed development incorporates a system that will provide more than sufficient power generation to cater for the maximum demands of the associated dwelling and ancillary activities on the site, together with supplying a reasonable level of surplus energy to the local grid, and each of the tilt frames is appropriately positioned to not be overshadowed from adjacent dwellings or buildings, trees or proposed landscaping, and angled to maximise the efficiency of the system. Accordingly, all relevant Objectives and PDCs under Renewable Energy Facilities and Energy Efficiency are considered to be complied with.

Zone and Policy Area Primary Objectives: 1, 3, 4, 5 Production Zone PDCs: 1, 2, 3 and 11

Horticulture Objectives: 1, 3, 4, 5 Policy Area 1 PDCs: 1, 3, 5 & 6

DESIRED CHARACTER (ZONE) The zone comprises of the agricultural areas that underpin the regions rural economy, primary consisting of general farming, grazing and horticulture with associated rural based industry, services and facilities. It is intended that the dominant rural character of the zone be maintained by the retention of farming and horticultural activities and significant tracts of bushland. It is important for non-agricultural development to recognise and appreciate that the zone is designed for agriculture first and foremost, and that nonagricultural

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 22 development is required to accommodate itself to the potential effects of such development (e.g. dust, spray drift, noise, as well as use of machinery and equipment at different times of the day, night and year). If non- agricultural development (including dwellings) cannot accommodate this situation, it would be better for development to be located in another zone. The primacy of agriculture and horticulture to the region’s economy and identity is very important and it is incumbent on this zone to facilitate its continuation (and potential intensification). As a result, this hierarchy is to be treated as the first priority in considering new development. Wind farms and ancillary development such as substations, maintenance sheds, access roads and connecting power-lines (including to the National Electricity Grid) are envisaged within the zone and constitute a component of the zone's desired character. These facilities will need to be located in areas where they can take advantage of the natural resource upon which they rely and, as a consequence, components (particularly turbines) may need to be: ▪ located in visually prominent locations such as ridgelines; ▪ visible from scenic routes and valuable scenic and environmental areas; and ▪ located closer to roads than envisaged by generic setback policy. This, coupled with the large scale of these facilities (in terms of both height and spread of components), renders it difficult to mitigate the visual impacts of wind farms to the degree expected of other types of development. Subject to implementation of management techniques set out by general / council wide policy regarding renewable energy facilities, these visual impacts are to be accepted in pursuit of benefits derived from increased generation of renewable energy. The location of the subject land is at the eastern edge of the Monash irrigation area and within the Primary Production Zone, but not used for horticulture. Allotments in the area vary in size and accommodate a range of land uses, and not strictly primary production, but also “rural living” type tenure and small-scale industry that supports primary production and some other forms of commercial and industry not related to primary production. The use of land in the locality is primarily for hobby farm type living, with irrigated horticulture mainly to the west of the site. There are larger land holdings in the Rural Landscape Protection Zone east of the site, containing mostly native vegetation with small clusters of buildings, including single dwellings on these allotments. The residential development in the locality is normally paired with either one or two other uses, normally involving horticulture or small-scale animal keeping, but also in the case of the subject site a small scale “home industry”, in the form of a wrecking yard. PDC 1 of the Zone specifically envisages solar panels whether freestanding or roof mounted, as does PDC 1 of the Policy Area. When there is a “non-agriculture” type land use proposed in the Primary Production Zone, and in particular in the Horticulture Policy Area, it is important to consider whether the land is best suited to the primary production uses that are “first and foremost” in the Zone and Policy Area. There is good reason in this case that such uses are not readily able to be accommodated; given the small scale of the site and also the adjacency to other “rural living” type allotments that are outside of the Zone. The site is not viable for primary production, but on the flip side, primary producers may have substantial viability issues with overpriced electricity being brought from external non-renewable sources, and therefore solar farms in the area play an important role in supporting the primary production uses, which are generally quite energy intensive given the water pumping, treatment and irrigation required.

The proposal is a form of development that is not specifically involving primary production but given that it is expected in the Zone and Policy Area, does not remove existing viable primary producing land, and does not create nuisance or detriment to the locality, nor disfigurement of the appearance of the land, the proposal is generally in accordance with PDC 6 of the Horticulture Policy Area.

The proposed development reasonably meets the relevant Zone and Policy Area provisions overall, where they are applicable.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 23 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, within the context of the site and locality. 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, architectural merit, 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 solar photovoltaic cells comprising 720 panels in 8 rows of 90 panels on steel tilt frames, predominantly supplying electricity to the local grid within close proximity of the land is considered to be an appropriate fit for the subject site and locality, does not unreasonably predispose adjacent occupiers to undue amenity impacts nor restrict or jeopardise existing horticulture operations nearby. The spatial separation and landscape screening, provides for a development that is relatively consistent with the character espoused by the Zone and within the General, Design and Appearance as well as Landscaping, Fences and Walls section and does not prejudice the Primary Production Zone for its intended purpose, nor impose undue visual impact on any nearby residential use within the Primary Production Zone or Rural Landscape Protection Zone.

The development application documentation and response to representations has reasonably addressed several potential land use interface concerns and supports an envisaged form of development within the Zone.

The proposal is considered consistent with the majority of relevant provisions of the General Sections, and there are very few that one could suggest the proposal did not address. It is therefore recommended that Development Application 752/067/20 is GRANTED Development Plan Consent.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 24 RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 752/065/20 is not seriously at variance with the Berri Barmera Council Development Plan. 2. The Riverland Regional Assessment Panel determines to GRANT Development Plan Consent to Development Application 752/067/20, subject to the following conditions:

1. Other than where varied by the subsequent conditions of approval, the development shall be completed and maintained in accordance with the following plan(s) and documents, submitted with and forming part of the development application 752/067/20: • Site Plan prepared by Potato Graphick dated 18/05/20 • Solar Specifications prepared by Xiamen Goomax Energy Pty Ltd stamped received 2/6/20 2. The proponent shall provide Council with a detailed landscaping plan and schedule prior to Development Approval that nominates a variety of locally indigenous trees and shrubs to be planted within designated landscaping areas, identifies any existing native trees to remain as part of such a plan (if any) and such landscaping shall be established in accordance with the detailed landscaping plan and schedule within six months of completion of the development. 3. The landscaping areas as defined in the application for development shall be (when mature) of a height, width, screening and spacing to minimise any visual obtrusion of the solar photovoltaic panels and shall established and maintained in good health and condition at all times. 4. Any such vegetation shall be provided with a watering system to promote continued growth and survival with vegetation replaced if and when it dies or becomes seriously diseased with others of the same, or similar, respective varieties 5. All proposed panels shall be erected such that alterations to the natural surface of the ground is minimised, and where unavoidable, the least visually intrusive means of level changes and modification of the land be adopted, such that - • No retaining walls are proposed for the development; • Any changes to natural grades are limited to only being as necessary for the installation of the development; • No cut or fill shall exceed 600mm in either direction at any point; • Any necessary alterations to the levels of the land are provided with gentle batters with a gradient not steeper than 1 in 5; & • Any such batters around the perimeter of the solar panels are vegetated with low lying shrubs and grasses 6. That effective measures be implemented during the construction of the development and ongoing use of the land in accordance with this consent to: - Prevent silt run-off from the land to adjoining properties, roads and drains. - Control dust arising from the construction and other activities, so as not to, in the opinion of council, be a nuisance to residents or occupiers on adjacent or nearby land - Ensure that soil or mud is not transferred onto the adjacent roadways by vehicles leaving the site.

Notes 1. This consent does not obviate the need for the proponent to obtain all other relevant consents as may be necessary by other legislation and/or meet the requirements of other statutes.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 25 2. The land owner/developer is responsible for ensuring that building work is sited in the approved position. This may necessitate a survey being carried out by a licensed land surveyor. 3. Development is to be substantially commenced within 12 months and substantially completed within 3 years of the date of this approval. 4. Whilst not administered by Council, the provisions of the Fences Act 1975 may apply to any works proposed affecting boundary fences, including requirements for consultation and notification of adjoining owners. It is recommended that your obligations under the Fences Act are confirmed prior to any works affecting boundary fences (existing or proposed). 5. Clause 23 of the Environment Protection (Noise) Policy 2007 states that construction activity resulting in noise with an adverse impact on amenity must not occur on a Sunday or other public holiday; and must not occur on any other day except between 7am and 7pm. Exceptions to this requirement and other necessary measures are also prescribed in clause 23 of the policy. Further information on construction noise is available from the Environment Protection Authority website.

Application No: 551/157/20 Council: District Council of Loxton Waikerie Relevant Authority: District Council of Loxton Waikerie Applicant: Genevieve Toop Owner: G.C Family Trust Lodgement date: 1/7/2020 Description of development: Alterations and additions to an existing dwelling, and construction of an outbuilding, deck and a concrete path and stairs Property details: 24 Pontt Road, Pyap, as contained in Certificate of Title Volume 6002 Folio 992 Zone / Policy Area: River Murray Flood Zone Map LoWa/21 Development plan provisions: Loxton Waikerie Council Development Plan, consolidated 19 April 2017 Referrals / Agency consultations: Department for Environment and Water Form of assessment: Merit Public notification category: Category 1 Recommendation: Grant Development Plan Consent, subject to conditions and notes Officer: Jordan Hunt Appendices follow report: Development Application Plans Powerline Declaration DEW Referral Response Certificate of Title

BACKGROUND:

The applicant is seeking development plan consent for alterations and additions to the existing dwelling, an outbuilding, and retrospective approval for the existing deck, concrete path and stairs. It is noted that the proposed pontoon shown on the site plan, is not part of this application and is currently with the State Commission Assessment Panel for assessment. The subject land is located wholly within the 1956 River Murray Flood Plain; however, the dwelling is considered to have existed prior to the implementation of planning legislation.

PROPOSED DEVELOPMENT:

The proposed development comprises: - Alterations and additions to the existing dwelling comprising of the demolition of the external existing walls and roof structure, enclosing of the existing verandahs, reconfiguration of the internal layout, a minor increase to the existing floor area, an addition of a garage under the main roof and the conversion of the existing laundry into a master bedroom with an ensuite. - A coloured clad skillion roof outbuilding with a floor area of 50 square metres and a wall height of 3.5 metres. - Retrospective consent for an existing deck, concrete path and stairs located on the adjoining Crown land.

SUBJECT LAND AND LOCALITY:

The subject land is known as 24 Pontt Road, Pyap as contained in Certificate of Title Volume 6002 Folio 992. The subject land is approximately 14,586 square metres in area, is rectangular in shape and has a direct

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 27 frontage to Pontt Road (as seen in figure 1 below). The allotment is located wholly within the River Murray Flood Zone as well as the 1956 River Murray Flood Plain (as seen in figure 2 and 3 below).

The subject land contains an existing dwelling, a laundry building, and an existing driveway. The adjoining Crown Land also contain an existing pontoon, deck, concrete path and staircase; all of which are associated with the existing dwelling. The allotment has a gentle slope towards the river and contains a significant amount of vegetation, which screens the existing dwelling when viewed from both the Roadside and River.

The locality comprises of either rural living type allotments containing existing shedding or larger allotments primarily used for horticultural purposes (as seen in figure 4). The adjoining allotments to the north and south are also located wholly within the River Murray Flood Zone and are also wholly within the 1956 River Murray Flood Plain. The allotments to the west of the site land are partially located within the River Murray Flood Zone, with the remaining land being located within the River Murray Fringe Zone.

Figure 1 – Aerial Imagery of Subject Land = Subject Land

Figure 2 – Zoning of Subject Land = Subject Land

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 28

Figure 3 – 1956 River Murray Flood Plain = Subject Land

= 1956 River Murray Flood Plain

Figure 4 – Locality Plan = Subject Land

NATURE OF DEVELOPMENT:

In determining the nature of the development, Council must consider the provisions of the River Murray Flood Zone of the Loxton Waikerie Development Plan (Consolidated 19 April 2017). The Development Plan provides that within the River Murray Flood Zone, the proposed dwelling additions and alterations, deck, stairs and path are not identified as non-complying forms of development. Furthermore, as the proposed outbuilding will be ancillary to a dwelling, it is also not considered to be a non-complying form of development. Therefore, the application is therefore to be considered on merit.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 29

SERIOUSLY AT VARIANCE: In assessing the application, s.35(2) of the Act provides direction to the Panel, in that it must give consideration as to whether the application is seriously at variance with the Loxton Waikerie Development Plan. 35—Special provisions relating to assessment against Development Plan (2) Subject to subsection (1), a development that is assessed by a relevant authority as being seriously at variance with the relevant Development Plan must not be granted consent. The concept of being “seriously at variance” with the Development Plan is always difficult to define with precision. Debelle J said at (33) in Mar Mina (SA) Pty Ltd v City of Marion Anor “… the expression “seriously at variance with the Development Plan” refers to that which is an important or grave departure in either quantity or degree from the Development Plan.” And it “….is not enough that the proposal might conflict with the Development Plan; it must be seriously at variance with it….”. Principle of Development Control 12 provides guidance for proposal which seek to redevelop an existing dwelling within the River Murray Flood Zone. In addition to this, Objective 6 of the Zone envisages existing dwelling being upgraded to assist in environmental improvements. Furthermore, Principles of Development Control 15, 16, 17, and 18 provide specific guidance for proposals which seek to erect domestic outbuildings on land within the River Murray Flood Zone. For these reasons, it is considered that the proposal cannot be seriously at variance with the Loxton Waikerie Council Development Plan.

REFERRALS: The application was referred to the Department for Environment and Water, their response is attached. The Department has no objection to the proposal and has directed that 4 conditions and 8 notes be attached to any decision of approval.

PUBLIC NOTIFICATION: In consideration of the category of public notification of the development, Schedule 9, Part 1, 2 (b) and (d) of the Development Regulations 2008 provided specific categorisation for the proposed additions/alterations and the proposed outbuilding. Schedule 9, Part 1, 2 (g) of the Regulations was considered for the categorisation of the proposed deck, concrete path and concrete stairs. These aspects were considered minor as they only service the existing dwelling and are unlikely to result in any amenity impacts. The application is therefore considered as a category 1 form of development for the purposes of Public Notification.

DEVELOPMENT PLAN PROVISIONS: Design and Appearance Objective: 1 Module Principles of Development Control: 1, 6, 11, 16, 17, 18, 19, 20 The proposal seeks to redevelop the existing dwelling into a modern dwelling which has a high architectural standard which responds to the conditions of the local environment. The proposal is of a contemporary design which incorporates innovative features, as well as being of an appropriate size scale so as to be considered appropriate for the locality. Using materials which are of natural colours and a traditional design, the proposal will not be visually obtrusive upon the rural landscape and be compatible with the character of the existing buildings in the locality. Furthermore, the proposed outbuilding will be constructed of pre-coloured materials to match the dwelling and blend within the locality. It is considered that proposal generally accords with Objective 1 and Principles of Development Control 1, 6, 11, 16, 17, 18, 19 and 20 of the Design and Appearance Module.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 30

Hazards Module Objectives: 1, 4, Principles of Development Control: 1, 2, 3, 5 The proposed development seeks to redevelop an existing dwelling, which has existed for some time. Whilst the proposal is located within the 1956 flood plain, it has been designed to minimise risk of property damage by implementing doors on opposite sides of the dwelling and removable panels on the shed. Furthermore, it is considered that the proposal is unlikely to result in safety impacts to the occupants of the dwelling, as the locks allow residents of the area to have an advanced warning to evacuate in the event of a flood. When reviewing the design of the proposal, it is not considered that it will not result in a significant interference with the natural processes of the riverine environment, nor is it going to require earthworks which will create negative impacts upon the flow of flood waters or increase risk upon adjoining land owners. It is considered that the proposal generally accords with Objectives 1, 4 and Principles of Development Control 1, 2, 3, and 5 of the Hazards Module.

Infrastructure Module Principles of Development Control: 1, 4, 7 The proposed development will have access to the existing electricity supply, water supply, and driveway. The proposal will however require the installation of a new wastewater disposal system; in the form of a holding tank. The Environment Protection Authority, SA Health and Council’s Environment Health Officer have considered the proposed new wastewater system and are willing to grant a wastewater approval. It is considered that the proposal generally accords with Principles of Development Control 1, 4 and 7 of the Infrastructure Module.

Natural Resources Objectives: 1, 13, 14 Module Principles of Development Control: 1, 30, 31, 32 The subject land contains a reasonable native vegetation. The vegetation provides a substantial visual buffer for the dwelling when viewed from both the road and the river’s edge. It is considered that the proposal is unlikely to result in impacts upon the natural environment. The proposal generally accords with Objectives 1, 13, 14 and Principles of Development Control 1, 30, 31 and 32 of the Natural Resources Module.

Orderly and Sustainable Objectives: 3, 4 Development Module Principles of Development Control: 1, 8 The applicant seeks to redevelop the existing dwelling and does not seek to establish a different land use. The proposal does not jeopardise the continuance of the adjoining authorised land uses nor is it anticipated that the proposal will prejudice the Zone for its intended purpose. The proposal has been designed so as to attempt to be in accordance with the requirements of the Development Plan, as well as result in dwelling which will be a co-ordinated and efficient use of the land. It is considered that the proposal generally accords with Objectives 3, 4 and Principles of Development Control 1 and 8 of the Orderly and Sustainable Development Module.

Residential Principles of Development Control: 8, 14, 16, 17,18, 19, 22, 23 Development Module

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 31

The proposed development seeks to redevelop the existing dwelling and does not seek to change the land use from being residential in nature. The proposal will still retain a clear frontage to the road, whilst maximising views and usable open space on the riverside of the property. The materials and finishes which are proposed are expected to be compatible with the existing development, with the proposal being of a suitable design, mass and proportion for the locality. The existing setback distances will not be significantly changed, allowing the proposal to remain consistent with the desired character of the area. The proposed garage and shed will be designed and constructed to complement the main dwelling. The garage is not anticipated to dominate the streetscape and it will not have a width exceeding 7 metres. The positioning of the garage and shed are consistent with the desired character of the locality. It is considered that the proposal generally accords with Principles of Development Control 8, 14, 16, 17, 18, 19, 22, and 23 of the Residential Development Module.

Siting and Visibility Objective: 1, 2 Module Principles of Development Control: 1, 2, 3, 4, 5, 6 The subject land is located adjacent a section of the river which is wide and mostly undeveloped. The existing vegetation on the land currently screens the existing dwelling, with it be anticipated that it will mostly screen the proposed development. Whilst the proposal is located below the 1956 flood level, the roofline and low wall heights of the proposal allow it to complement the natural form of the land and reduce the proposed buildings overall mass within the locality. For these reasons, it is considered that the proposal will minimise its visual impacts upon the locality and allows the proposal to be suitable for the subject land. It is considered that the proposal generally accords with Objectives 1, 2 and Principles of Development Control 1, 2, 3, 4, 5, and 6 of the Siting and Visibility Module.

River Murray Flood Objectives: 1, 3, 6 Zone Principles of Development Control: 2, 3, 9, 12, 15, 16, 17, 18, 21, 22 The proposed dwelling alterations and additions is a form of development which is subject to specific guiding provisions within the River Murray Zone. The proposed development is not identified as a non-complying form of development within the Zone. The proposed dwelling redevelopment results in a single storey dwelling which is not within 50 metres of the waterfront, has a finished floor level under 2.5 metres above natural ground level, is designed and sited so as to minimise obstruction or loss of views of other dwellings and has all associated infrastructure installed underground. However, the proposal redevelopment of the existing dwelling does not result in the dwelling having a finished floor level above the 1956 flood level. Whilst this aspect is a safety concern, as the flow and levels of the river is managed via a number of locks and flood events are predicted well in advance, it is considered that an occupant of the dwelling could safely evacuate the dwelling and implement any necessary flood measures so as to not impede floodwater flow. In respect of domestic storage, the proposal seeks to establish one outbuilding and one garage which is located under the main roof of the dwelling. The proposed outbuilding is 50 square metres in area, has a wall height of 3. 5 metres and an overall height of 5 metres. The proposed garage exceeds 50 square metres, however it is located under the main roof of the dwelling, so this variation is determined to be appropriate. Both proposed domestic storage structure are clad in coloured cladding/materials. Overall it is not expected that the proposal will impact upon the stability or natural features of the rivers edge, nor will it result in any pollutants. The design of the proposal is harmonise with the surrounding impacts and is not expected to result in any amenity impacts. It is considered that the proposal generally accords with Objectives 1, 3, 6 and Principles of Development Control 2, 3, 9, 12, 15, 16, 17, 18, 21 and 22 of the River Murray Flood Zone.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 32

SUMMARY:

The proposed redevelopment of an existing historic dwelling is not what is traditionally proposed within the River Murray Flood Zone; however, the conditions of the subject land are unique in that the land use has existed for quite some time. The proposed development will not result in a dwelling which is above the 1956 flood level, however the existing dwelling is already well below this level. In consideration of this aspect, it is expected that the occupants of the dwelling will be given substantial notice to safely evacuate the property prior to a flood event impacting the property, as the existing locks control flow and levels. The proposal is of a high architectural standard to what exists in the locality. Despite this, the provisions of the Development Plan encourage innovative and modern designs. The design is considered sympathetic to the scale of the proposed dwelling alterations and additions, using a skillion roof form, variations to the façade and suitable setbacks. The dwelling and outbuilding will be located behind existing vegetation, which is expected to reduce any potential visual impacts from the street frontage and the river. The positioning of the dwelling is not proposed to substantial changes; therefore, it is not considered to lead to a detrimental impact upon the streetscape of the locality. The proposed development is generally consistent with the provisions of the River Murray Flood Zone, as well as the relevant provisions of the General Modules of Council’s Development Plan. The colours and finishes of the proposed dwelling and outbuilding will be neutral and will allow the building to blend in with the environment and the locality. Whilst the proposed development results in built form below the 1956 flood level, given the proposed flood measures, evacuation timeframes and existing site conditions, it is considered that the proposal will result in any negative impacts upon the adjoining landowners or the locality. I believe, on balance, that the application is worthy of Development Plan Consent, subject to conditions and notes. RECOMMENDATION: 1. The Riverland Regional Assessment Panel determines that Development Application 551/157/20 is not seriously at variance with the Loxton Waikerie Council Development Plan. 2. The Riverland Regional Assessment Panel determines to grant Development Plan Consent to Development Application 551/157/20 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 551/157/20, except as modified by any conditions attached to this Decision Notification, specifically: Plan type Referenc Dated Received Prepared By e Site Plan Sheet 2 06/05/20 26/08/20 SA Design and Drafting Demolition Plan Sheet 3 06/05/20 29/07/20 SA Design and Drafting Floor Plan Sheet 4 06/05/20 29/07/20 SA Design and Drafting Elevation Plan Sheet 5 06/05/20 29/07/20 SA Design and Drafting Elevation Plan Sheet 6 06/05/20 29/07/20 SA Design and Drafting Shed Plan Sheet 7 26/06/20 29/07/20 SA Design and Drafting Stair Plan Sheet 8 06/05/20 26/08/20 SA Design and Drafting Deck Plan Sheet 9 26/06/20 30/06/20 SA Design and Drafting

2. Stormwater run-off from all roof drainage systems to be directed to a storage tank or tanks. Overflow from the tank/s to be contained on site or directed to Councils stormwater system to the satisfaction of Council. Stormwater retained on site shall be managed in a manner as to prevent erosion or pollution of the site and be diverted away from wastewater disposal areas and buildings.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 33

3. The dwelling must be connected to a rainwater tank of at least 5,000 litres, intended exclusively for domestic use associated with the dwelling and plumbed throughout. 4. A waste water works approval must be obtained prior to works commencing on site.

Conditions as directed by the Department of Environment and Water 5. 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. 6. 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. 7. 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. 8. Stormwater run-off from the dwelling must be managed to prevent erosion or pollution of the site and the environment, and diverted away from wastewater disposal areas, such as septic tanks and aerobic systems. Connection to water storage tanks would assist in complying with this condition.

Notes as recommended by the Department of Environment and Water: 1. 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. 2. The applicant is required to seek the approval of the Minister for Environment and Water in the form of an application for the transfer and amendment of the existing Licence to Occupy (OL019196) 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. 3. Flood Awareness Mapping (access via: http://waterconnect.sa.gov.au) suggests that the subject land would be substantially inundated at flows of 80,000ML/day over the border. The applicant should therefore note that the ‘River Murray in South Australia Constraints Measure’ project is seeking to reach flows of up to 80,000ML/day over the border more regularly (for a duration of one month, approximately three times per decade) for environmental purposes, which may result in the land being inundated during such high flow events. For further information visit: http://www.environment.sa.gov.au/topics/river-murray/basin-plan/constraints- measures-project. 4. The following actions should be taken in the event of a flood warning being issued for the district so as to not impede any floodwaters, pollute water resources or become a safety hazard: a) Remove all removable panels at ground level and relocate them to a site above the 1956 flood level; b) Fix all ground level doors in an open position; c) Relocate the contents of ground level areas to a site above the 1956 flood level.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 34

5. In order to avoid the deck structure contributing to the obstruction of floodwaters through the capture of debris during periods of inundation, which in turn may present a risk to life and property, it is recommended that (in the event of a flood warning for the region) the fencing within the structure, or the structure in its entirety, be removed and relocated to a site above the 1956 flood extent. 6. Prior to the clearance of native vegetation 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 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. 7. 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. 8. 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.

Notes: 1. The development must be substantially commenced within 3 years 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 six 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.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 35

ITEM 9 OTHER BUSINESS:

ITEM 10 NEXT MEETING: The next scheduled meeting of the RRAP is 19 November 2020

ITEM 11 CLOSE:

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for the Riverland Regional Assessment Panel meeting to be held on Thursday 15 October 2020 36