PO Box 41 Cummins South Australia 5631 Telephone: (08) 8676 0400 Facsimile: (08) 8676 2375 www. lowereyrepeninsula.sa .gov.au Emai l [email protected]

ABN 13 559 739 724 Development & Environmental Services Port Lincoln Branch Office - 38 Washington Street PO Box 130 Port Lincoln South Australia 5606 (08) 8623 0600 [email protected] .gov.au

R19/22989

28 November 2019

Mr Michael Lennon Chair State Planning Commission C/- Department of Planning Transport & Infrastructure

Via email: [email protected]

Dear Sir

RE : COUNCIL SUBMISSION TO DRAFT PLANNING & DESIGN CODE - PHASE 2

Please find attached Council's formal submission on the Draft Planning & Design Code - District Council of Lower Eyre Peninsula Council Specific Code Extract dated October 2019.

Council would like to thank the Commission for the opportunity to comment on this extremely important document. However, Council is disappointed that the Commission has given Regional Communities only 2 months in which to absorb and attempt to provide meaningful comment on a document that the Commission itself has called a 'once in a generation' change. It is acknowledged that ultimately the document is to be in electronic form, however it is unfortunate that the draft PDF/hardcopy version that was released for consultation was poorly formatted and contained numerous referencing errors • and policy omissions. As a result, it has been extremely time consuming for staff to thoroughly review and assess the proposed policies, associated 1¥' mapping, assessment process pathways and procedural matters. ,. ~-~ Council looks forward to working with the Commission on ensuring that the final ~-..., version of the Code is a document that ALL South Australian communities can embrace. We welcome any opportunities to comment on any further draft ~1,, documentation prior to the implementation of the Code. ,1!, ...

11-1H0ti;r;, rml/4 orr1· .9?rrnrb rrll{I Ooa,J"/rrl Oo111111rr11d1e.r ,,. I 19 2 ••I Should you have any queries in relation to any of the above please do not ._ hesitate to contact either myself or Council's Planning Consultant, Jodie Isle at ...... " Council's Development Department on (08) 8623 0600 . • Yours faithfully

LEITH BLACKER MANAGER DEVELOPMENT & ENVIRONMENTAL SERVICES

CC: Submission on Phase 2 Planning & Design Code - District Council of Lower Eyre Peninsula t '

•

- DRAFT PLANNING AND DESIGN CODE Oct 2019 – PART 2 - Zone and Sub zone review

GENERAL Cross referencing errors • Numerous cross- referencing errors through tables with incorrect numbering Non-existing policies • Cross referencing to policies that do not exist eg Urban Transport Routes ref DTS 8.1, 10.1 Accepted Development • Very little accepted development due to the Native Vegetation Overlay applying over the entire Council area DTS Development • Very little DTS development due to the Native Vegetation Overlay applying over the entire Council area • Very little DTS development due to the Bushire Risk Overlays applying over the majority of the Council area • The above results in a more complex assessment process for simple forms of development – eg a farm building/ agricultural building in a Rural Zone – currently complying development (where is less than 500m2 in floor area and setback 50m from property boundaries) now performance assessed and subject to 30 policy provisions Notification of • Recommend that all zones exempt development listed as envisaged uses from notification – all zones appear Performance Assessed to be DTS/DPF 1.1 – this will ensure envisaged uses are not subject to notification Dev Zone inclusion • The Infrastructure (Ferry and Marina Facilities) Zone included in DCLEP extract – this zone does not apply to the Council area Typographical Errors • Numerous spelling and grammatical errors throughout document. Figures and Tables • Quality of figures and tables throughout Code is poor – some difficult to read

DEFINITIONS Primary building line • Referred to in policies – should be defined B85 passenger vehicle • Referred to in policies – should be defined Native Vegetation • ‘Major level clearance’ and ‘Low level clearance’ should be included in the definitions Infrastructure • Referred to in policies – should be defined

ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally) CARAVAN AND TOURIST PARK

Coffin Bay Caravan Urban Transport Routes - Park Hazards (Bushfire – Medium Risk) Native Vegetation North Shields Airport Building Heights (Regulated) • Coastal Areas Overlay should apply Building Near Airfields • No T&NVs – should insert min site level 2.5m AHD & Min FFL 2.75m AHD

DCLEP Submission Page 1 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally) Urban Transport Routes Hazards (Bushfire – Medium Risk) Native Vegetation Sleaford Bay Coastal Areas • Hazards (Flooding) overlay should apply Prescribed Wells Area • No T&NVs apply - should insert min site level & Min FFL Hazards (Bushfire – High Risk) Native Vegetation Whalers Way Hazards (Bushfire – High Risk) • Coastal Areas Overlay should apply Native Vegetation Cummins Urban Transport Routes - Hazards (Bushfire – Urban Interface) Native Vegetation COMMUNITY FACILITIES (previously community zone) Coffin Bay Cemetery Urban Transport Routes - Hazards (Bushfire – High Risk) Native Vegetation COASTAL WATERS & OFFSHORE ISLANDS - CONSERVATION ZONE

Lake Hamilton Key Outback and Rural Routes - Hazards (Bushfire – General Risk) Native Vegetation Water Resources previously land zone Coastal Areas • Outbuildings, carports and verandahs within a Dwelling Subzone should be included in Table 3 to Coastal Conservation Hazards (Bushfire – Medium Risk) remove the need for notification Zone Native Vegetation • No provision for the building of a CWMS at Shelley Beach – current Concept Plan Map LEP/8 Shelley Beach shows the location of a CWMS and CWMS vegetation buffer on land within the Subzones: current Coastal Conservation Zone. The current non-complying provides for the creation of an Visitor Experience allotment for this purpose – Recommend that in Table 4 – exclusions to apply to Land Division include “To create an allotment to accommodate a Community Waste Water Treatment System Dwelling (for existing at Shelly Beach Kellidie Bay”. precincts) • need to include “waste reception, storage, treatment of disposal at Shelley Beach Kellidie Bay’ in Table 3 with reference to application policies • No provision for an allotment to be created for an existing dwelling located within the existing

DCLEP Submission Page 2 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally) Precinct 11 Snapper Hill Road – current exception for land division in non-complying list

Previously land zoned Airport Building Heights (Regulated) - Mixed Use (Point Building Near Airfields Boston) Zone Hazards (Bushfire – High Risk) Native Vegetation DEFERRED URBAN

Coffin Bay Hazards (Bushfire – Medium Risk) - Native Vegetation

EMPLOYMENT previously Industry Zone

Stamford Urban Transport Routes • T &NV to include min lot size of 1500m2 Hazards (Bushfire – High Risk) Native Vegetation

Coffin Bay Hazards (Bushfire – Medium Risk) • T &NV to include min lot size of 1500m2 Native Vegetation • Recommend T &NV to include setback of 4m from primary street frontage and 3m from secondary street frontage – to be consistent with current policy as allotments are generally small in size and setbacks in DTS/DPF 3.3 not appropriate for Coffin Bay industrial area Cummins Urban Transport Routes • T &NV to include min lot size of 1500m2 Hazards (Bushfire – Urban Interface) Native Vegetation • Include Land Division into Table 3 with applicable policies • DTS/DPF – lot minimum size of 2500m2 is too large for Lower Eyre Peninsula – recommend that T & NV introduce min lot size of 1500m2 with a minimum frontage of 25m EMPLOYMENT (BULK HANDLING) previously Bulk Handling Zone

Cummins Hazards (Bushfire – Urban Interface) • Table 3 to include “Bulk handling facility including bunkers and silos for the reception, storage Native Vegetation and dispatch of commodities in bulk” so it does not fall into “All other code assessed development “ - to exclude facilities from public notification

INFRASTRUCTURE ZONE previously Infrastructure Policy Area 5 in Industry Zone

DCLEP Submission Page 3 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally) Coffin Bay Hazards (Bushfire – Medium Risk) • Recommend that Dwelling be included in Table 4 – Restricted Development Native Vegetation INFRASTRUCTURE (AIRFIELD) previously Airfield Zone

Port Lincoln Airport Airport Building Heights (Regulated) • Recommend that the following activities be exempt from notification – included in Table 3 Building Near Airfields • Aircraft operational facilities beacons, transmitting installations and their associated towers Urban Transport Routes • Aircraft control tower Hazards (Bushfire – General Risk) • Passenger and/or air freight terminal Native Vegetation • Aircraft hangar • Fuel depot associated with aviation and airport related purposes • Office associated with, and ancillary to, aviation activities • Flight simulation and training facility

Restriction of dwellings within specific area • Current Concept Plan Map LEP/2 highlights areas within a certain distance of runway centre-line prolongations – the current Airfield Zone designates dwellings within the highlighted area as non-complying – the is important to retain and has not been retained in the Code OPEN SPACE (previously Coastal Open Space)

Mount Dutton Bay Coastal - East Hazards (Bushfire – Medium Risk) Native Vegetation Coffin Bay Coastal - Hazards (Bushfire – Medium Risk) Native Vegetation Louth Bay Airport Building Heights (Regulated) - Coastal Hazards (Bushfire – Medium Risk) Native Vegetation North Shields Airport Building Heights (Regulated) - Building Near Airfields Coastal Hazards (Bushfire – General Risk) Native Vegetation Tulka Coastal - DCLEP Submission Page 4 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally) Hazards (Bushfire – High Risk) Native Vegetation Prescribed Wells RECREATION previously Community Zone

Coffin Bay Prescribed Wells Area • Concerned envisaged uses are not included in Table 3 – therefore will require notification Hazards (Bushfire – High Risk) Native Vegetation Louth Bay Airport Building Heights (Regulated) • Concerned envisaged uses are not included in Table 3– therefore will require notification Coastal Areas Hazards (Bushfire – General Risk) Native Vegetation RESOURCE EXTRACTION

Western Approach Airport Building Heights (Regulated) • Concerned envisaged uses are not included in Table 3– therefore will require notification Road DK Quarries Limited Land Division Previously Water Resource Extraction Protection Protection Hazards (Bushfire – High Risk) Native Vegetation Water Protection Pt Boston Building Near Airfields • Concerned envisaged uses are not included in Table 3– therefore will require notification Previously Mineral Airport Building Heights (Regulated) Extraction Precinct 21 Resource Extraction Protection in Mixed Use (Post Hazards (Bushfire – High Risk) Boston) Zone Native Vegetation Water Resources RURAL AQUACULTURE Previously aquaculture Zone

Kellidie Bay Hazards (Bushfire – Medium Risk) • coastal areas overlay should apply – with the exception of that part of the zone located at 530 Native Vegetation Kellidie Bay RD Kellidie Bay Little Douglas Hazards (Bushfire – Medium Risk) • coastal areas overlay should apply Native Vegetation Louth Bay north Airport Building Heights (Regulated) • coastal areas overlay should apply Hazards (Bushfire – General Risk) Native Vegetation DCLEP Submission Page 5 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally) Louth Bay south Airport Building Heights (Regulated) • coastal areas overlay should apply Building near Airfields Urban Transport Routes Hazards (Bushfire – General Risk) Native Vegetation Pt Boston Airport Building Heights (Regulated) • coastal areas overlay should apply Previously Land Based Building near Airfields • Current policy provides for a min lot size of 10ha – Code zone provides for 1ha DTS/DPF 8.1 - T Aquaculture Precinct Hazards (Bushfire – High Risk) &NV to include min lot size of 10ha within this area 20 in Mixed Use (Post Native Vegetation • Boston) Zone • DTS/DPF 7.1 – 30m wide landscape buffer is considered unnecessary, recommend this be reduced to 10m which is consistent with current policy • Concerned envisaged uses are not included in Table 3 including fish processing which includes the conduct of works for scaling, gilling, gutting, filleting, freezing, chilling, packing fish RURAL ZONE

Previously Primary Native Vegetation - Production Hazards (Bushfire – relevant Risk) Dwelling Excision

Lot Size – 200 ha

Previously Water Limited Land Division • Overlay results in tighter restrictions to land division within this part of the zone - current zone Protection Hazards (Bushfire – relevant Risk) allows for a small lot (1ha) to be created where property is >100 ha – this needs to be retained Native Vegetation Prescribed Wells Area Water Protection • DTS/DPF 12.1 – max floor area of agricultural building at 250m2 is too restrictive. Currently farm buildings with a floor area less than 500m2 are complying development within DCLEP • DTS/DPF 13.1 and DTS/DPF 13.2 – restrictions on outbuilding and carport sizes and numbers within the Rural Zone are considered unnecessary and far too restrictive. This is the one zone within the Council area where large sheds are considered acceptable. • Detached dwelling should be removed from the notification list – considered unnecessary to notify a dwelling in the rural zone – the majority of DCLEP council area comprises farm land and ancillary dwellings

DCLEP Submission Page 6 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally)

RURAL SHACK SETTLEMENT Previously Coastal Settlement Zone

Shelley Beach Kellidie Coastal areas • Does not provide for the proposed shack relocation at Shelley Beach – as reflected in current Bay Hazards (Bushfire – Medium Risk) Concept Plan LEP/9 – Shelley Beach Previously Coastal Native Vegetation • Policy needs to allow for land division to create 26 allotments/ receiver allotments Settlement Zone – • Policy needs to require: Shelley Beach PA 2 • new lots to be connected to the CWMS • dwellings setback in excess of 100m from CWMS • building setback of min 6m from coastal reserve boundary • T & NV should include: • Min site and floor levels – min site level 2.45m AHD and min FFL 2.70m AHD • Min lot size 800m2 • Min frontage 18m • Max building height of 5m (note DTS/DPF 2.3 allows for 6m) • Finished floor level of no more than 1m above natural ground level • Max site coverage of 50%

Tulka Coastal areas • T & NV should include: Hazards (Bushfire – High Risk) • Min site and floor levels – min site level 2.3m AHD and min FFL 2.55m AHD Native Vegetation Prescribed Wells Farm Beach Coastal areas • T & NV should include: Hazards (Bushfire – Medium Risk) • Min lot size 1200m2 Native Vegetation Little Douglas Coastal areas • T & NV should include: Hazards (Bushfire – Medium Risk) • Min site and floor levels – min site level 2.45m AHD and min FFL 2.70m AHD Native Vegetation • Min lot size 1200m2

Mount Dutton Bay Coastal areas • T & NV should include: West Hazards (Bushfire – High Risk) • Min site and floor levels – min site level 2.45m AHD and min FFL 2.70m AHD Native Vegetation • Min lot size 1200m2

DCLEP Submission Page 7 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally) Mount Dutton Bay Coastal areas • T & NV should include: East Hazards (Bushfire – Medium Risk) • Min site and floor levels – min site level 2.45m AHD and min FFL 2.70m AHD Native Vegetation • Min lot size 1200m2

Coffin Bay Coastal areas • This is an extremely unique area which has been subject to very specific policies overtime which Previously Policy Area Hazards (Bushfire – Medium Risk) has resulted in small scale distinctive development – the proposed policies are insufficient to 1 Native Vegetation retain the desired character of this area • T & NV should include: • Max building height of 5m and single storey (note DTS/DPF 2.3 allows for 6m) • Total floor area of 190m2 • Finished floor level of no more than 1m above natural ground level • Min site and floor levels – min site level 2.45m AHD and min FFL 2.70m AHD • Min setback of 2m from coastal and/or road boundary and 1m from side boundaries • Max floor area for freestanding outbuildings 36m2, max wall height 2.7m, max overall height 3.3m • Sleaford Bay Coastal areas • Hazards (flooding) overlay should apply Hazards (Bushfire – High Risk) • T & NV should include: Native Vegetation • Max building height single storey Prescribed Wells Proper Bay Road (near Coastal areas • T & NV should include: Tulka) Hazards (Bushfire – High Risk) • Min site and floor levels – min site level 2.3m AHD and min FFL 2.55m AHD Native Vegetation • Zone needs to provide for outbuilding size max 120m2 floor area, max height 4.2m, max wall height 3.3m unless otherwise specified

RURAL LIVING ZONE

Boston Airport Building Heights (Regulated) • Question relevance of Water Protection Overlay? Appears to apply to land that was previously Hazards (Bushfire – Medium Risk) within the Water Protection Zone – refer comments in Water Protection Overlay Native Vegetation • T & NV should include: Water Protection • Min lot size of 1ha • Min road frontage 25m • Min building setback from side and rear 5m

DCLEP Submission Page 8 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally) • Min setback from public road 20m (DTS/DPF 2.1 provides for only 15m min)

Wangary Urban Transport Routes • T & NV should include: Hazards (Bushfire – Medium Risk) • Min lot size of 2ha Native Vegetation • Min road frontage 25m • Min building setback from side and rear 5m • Min setback from public road 20m (DTS/DPF 2.1 provides for only 15m min) Coffin Bay Hazards (Bushfire – Medium Risk) • T & NV should include: Native Vegetation • Min lot size of 0.5ha Prescribed Wells • Min road frontage 25m Water Protection • Min building setback from side and rear 5m • Min setback from public road 20m (DTS/DPF 2.1 provides for only 15m min) Tiatukia Airport Building Heights (Regulated) • T & NV should include: Hazards (Bushfire – Medium Risk) • Min lot size of 1ha Native Vegetation • Min road frontage 25m • Min building setback from side and rear 5m • Min setback from public road 20m (DTS/DPF 2.1 provides for only 15m min) • Zone needs to provide for outbuilding size max 180m2 floor area, max height 6m, max wall height 4.5m unless otherwise specified – DTS/DPF 2.5 specifies a max floor area of 100m2, max wall height of 4m and total roof height of 5m • Amend DTS/DPF 3.1 to require a minimum frontage of 25m (not 6m) and maximum ‘handle’ of 50m (not 30m) RURAL SETTLEMENT ZONE Previously settlement Zone

Yeelana Hazards (Bushfire – General Risk) - Native Vegetation Min Lot Size 1200m2 Coulta Urban Transport Routes - Hazards (Bushfire – Medium Risk) Native Vegetation Min Lot Size 1200m2 Edillilie Urban Transport Routes - Hazards (Bushfire – Urban Interface Risk) Native Vegetation DCLEP Submission Page 9 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally) Min Lot Size 1200m2 Mount Hope Urban Transport Routes - Hazards (Bushfire – Medium Risk) Native Vegetation Min Lot Size 1200m2 Wangary Hazards (Bushfire – Medium Risk) - Native Vegetation Min Lot Size 1200m2 Wanilla Urban Transport Routes - Hazards (Bushfire – Medium Risk) Native Vegetation Min Lot Size 1200m2 Louth Bay Airport Building Heights (Regulated) • T & NV should include: Hazards (Bushfire – Medium Risk) • Min site and floor levels – min site level 2.5m AHD and min FFL 2.75m AHD Native Vegetation Min Lot Size 1200m2 Poonindie Airport Building Heights (Regulated) • Aircraft Noise Exposure Overlay should apply Building Near Airfields Hazards (Bushfire – Medium Risk) Native Vegetation Min Lot Size 1200m2 North Shields Airport Building Heights (Regulated) • Aircraft Noise Exposure Overlay should apply Building Near Airfields • T & NV should include: Hazards (Bushfire – Medium Risk) • Min site and floor levels – min site level 2.5m AHD and min FFL 2.75m AHD Native Vegetation Min Lot Size 1200m2 • Zone needs to provide for outbuilding size max 120m2 floor area, max height 4.2m, max wall height 3.3m unless otherwise specified SUBURBAN NEIGHBOURHOOD Previously Residential

Cummins Hazards (Bushfire – Urban Interface) - Native Vegetation

Building Height max 8m Max building height storeys 2m

DCLEP Submission Page 10 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally)

Frontage min detached dwelling 15m Semi detached 9m Row dwelling 8m Group dwelling 18m Res flat 8m

Lot size Detached dwelling 600m2 Semi detached 400m2 Row dwelling 340m2 Group dwelling 500m2 Res flat 340m2

Gledstanes Tce Airport Building Heights (Regulated) - Urban Transport Routes Hazards (Bushfire – Medium Risk) Native Vegetation

Building Height 8m Building Storeys 2

Frontage min detached dwelling 15m Semi detached 9m Row dwelling 8m Group dwelling 18m Res flat 8m

Lot size Detached dwelling 600m2 Semi detached 400m2 Row dwelling 340m2 Group dwelling 500m2 DCLEP Submission Page 11 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally) Res flat 340m2

Coffin Bay Hazards (Bushfire – Medium Risk) - Native Vegetation

Building Height 8m Building Storeys 2

Frontage min detached dwelling 15m Semi detached 9m Row dwelling 8m Group dwelling 18m Res flat 8m

Lot size Detached dwelling 600m2 Semi detached 400m2 Row dwelling 340m2 Group dwelling 500m2 Res flat 340m2

Point Boston Building Heights (Regulated Overlay) • No provision for the sequential development of residential precincts Building Near Airfields • T & NV should be consistent with Scheme Description: Previously Residential Hazards (Bushfire – High Risk) • single storey dwelling height limit 5.2m and two storey development 8.2m - on specific lots Precincts 16, 15, 17 ,18 Native Vegetation • 40% site coverage Mixed Use Point • Outbuildings within Point Boston max floor area of 36m2, max wall height 2.7m and max Boston Zone Building Height 9m height 3.3m Building Storeys 2 • The Scheme Description and Design Guidelines specify what type of dwelling can be built on what allotment Lot size 600m2

• Should zone name be Suburban Neighbourhood (Low Density) Zone? • Zone needs to provide for outbuilding size max 120m2 floor area, max height 4.2m, max wall

DCLEP Submission Page 12 ZONE APPLICABLE OVERLAYS COMMENTS Locality (Generally) height 3.3m unless otherwise specified

TOWNSHIP MAIN STREET Previously Town Centre

Cummins Urban Transport Routes • Rezone land not fronting Bruce Terrace and Railway Terrace as Township Activity Centre - more Hazards (Bushfire – Urban Interface) appropriate Native Vegetation

TOWNSHIP ACTIVITY CENTRE Previously Town Centre

Coffin Bay Urban Transport Routes - Hazards (Bushfire – Medium Risk) Native Vegetation

TOURIST DEVELOPMENT ZONE Previously Tourist Accommodation Precinct 19 in Mixed Use Point Boston Zone

Pt Boston Building Heights (Regulated Overlay) • Should the zone name be Specific Use (Tourism Development)? Building Near Airfields Hazards (Bushfire – High Risk) Native Vegetation

DCLEP Submission Page 13 DRAFT PLANNING AND DESIGN CODE – PART 3- Overlay review

Airport Building Heights (Regulated) Overlay General Comments Internal referral to • Currently any development within area A on Concept Plan Map LEP/3 is referred to Council’s Airport Manager Airport Manger for comment in regard to proposed building height and impact to airport operations. • The Port Lincoln airport is not within prescribed airspace of an airport covered by the Airports Act (1996) and therefore the Commonwealth Secretary for the Department of Infrastructure, Regional Development and Cities referral does not apply. • For airport safety Council needs to ensure that there is a trigger for the referral to the Port Lincoln Airport Manager.

Building Near Airfields Overlay - Aircraft Noise Exposure Overlay General Comments EPA referral • Appears to no longer apply - acoustic assessment of land division for residential purposes and sensitive uses on land within 3km of Port Lincoln Airport – currently SCHEDULE 21, 7—Other (5) (f) Development in the vicinity of certain airports • Accordingly, this overlay should apply to land within a 3km radius of the airport • The overlay should require that sensitive land uses within this 3km radius should be designed in accordance with Australian Standard AS2021 – Acoustics – Aircraft Noise Intrusion – Building Siting and Construction. The policy should advise that an application on land within this overlay should be accompanied by an acoustic assessment to establish compliance with the Australian Standard. Airport Building Heights (Aircraft Landing Areas) Overlay General Comments • Appears that this overlay is has not been applied to the DC LEP area Coastal Areas Overlay Hazard Risk DTS/DPF 2.1 • the “standard sea flood risk level” as defined is the 1% AFE (Annual Exceedence Probability) sea flood level Minimisation plus an allowance to accommodate 100yrs of land subsidence – how will applicants and assessors be aware of what this figure is? PO 2.4 • will the mapping tool include 100 and 200 yr coastal retreat to enable assessment? Dwelling Excision Overlay DTS/DPF 1.1 and PO 1.2 • conflict between policy provisions– the assessment of land division in the rural zone allocates “All” Dwelling & DTS/DPF 1.2 Excision Overlay policies to apply – DCLEP need to retain the right for – • boundary realignments • excise of one of two habitable dwellings • creation of 1 small allotment (1-4ha in area) to provide for an employee of the farm or the owner’s retirement DTS/DPF 1.2(a)(c) • Length of driveway handle no more than 50m is too restrictive on large farming properties DCLEP Submission Page 14 Hazards (Acid Sulphate Soils) Overlay

Hazards (Bushfire – General Risk) Overlay P0 3.3 • Support the inclusion of Minister Code policy provisions • Question whether Ministerial Building Standard SA 008 has been finalised ? Hazards (Bushfire – High Risk) Overlay • Support the inclusion of Minister Code policy provisions • Support the inclusion of additional types of development for referral Hazards (Bushfire – Medium Risk) Overlay • Support the inclusion of Minister Code policy provisions Hazards (Bushfire – Urban Interface) Overlay

Historic Shipwrecks Overlay

Key Outback and Rural Route Overlay Access – On-site DTS/DPF 2.1 • On lodgement of applications, applicants will need to specify the length of vehicles expected to access the site queuing • Question why overlay only applies to western side of Tod Highway north of Wanilla? • Applications involving new access points will need to confirm required sight distances are achieved Key Railway Crossings Overlay • Numerics will need updating if standards change • This also applies to the other Transport route overlays where there are numerics referenced Limited Land Division Areas Overlay • This applies to Council’s current Water Protection Zone which is proposed to be a Rural Zone with a Water Protection Overlay – this Overlay is taking away the rights of owners who under the current Development Plan can divide where: • One of two existing dwellings can be excised • Where the property is in excess of 100ha a small 1ha lot may be created for the owner’s retirement or a relative employed on the farm Local Heritage Place Overlay • Due to time constraints of the Phase 2 consultation period – the inclusion of local heritage places in the consultation map viewer has not been checked Major Urban Transport Routes Overlay • Does not appear to apply to DCLEP Marine parks (Managed Use) Overlay

DCLEP Submission Page 15 Marine parks (Restricted Use) Overlay

Native Vegetation Overlay Environmental DTS/DPF 1.1 (a) • Will the required declaration be in a standard form?/ format of declaration Protection Application • Question the application of the Native Vegetation over the entire Council area? Especially urban and cleared areas State Significant Native Vegetation Areas Overlay Environmental DTS/DPF 1.1 (a) • Will the required declaration be in a standard form?/ format of declaration Protection Definition • ‘Major level clearance’ and ‘Low level clearance’ should be included in the definitions Prescribed Wells Area Overlay Procedural Matters Referral • Support referral of listed development Resource Extraction Protection area Overlay • Refer to attached marked up map showing a suggested enlargement of that zone to encompass the DK quarries surrounding operations and not just the pit itself. State Heritage place Overlay • Due to time constraints of the Phase 2 consultation period – the inclusion of state heritage places in the consultation map viewer has not been checked Sloping land Overlay

Urban Transport Routes Overlay Access – On-site DTS/DPF 2.1 (b)(iv) • On lodgement of applications, applicants will need to specify the length of vehicles expected to access the site queuing ie no greater than 6.4m in length, between 6.4m and 8.8m in length etc. Access – Location DTS/DPF 5.1 • Applicants will need to ensure that any new accessway is supported with adequate information in regard to (sight lines) sight line distances Water Resources Overlay

Water Protection Area Overlay • overlay boundary is to old Water Protection Zone boundary that changed in 2010. See attached map for corrections required.

DCLEP Submission Page 16

DRAFT PLANNING AND DESIGN CODE – PART 4- General provisions review

Advertisements Table 1 Max Size & Height requirements • Question whether or not max areas and max height are intended to be inserted in place of “x” • Request ability to comment on proposed areas Animal Keeping and Horse Keeping PO 2.3 Horse Keeping • “Kennel flooring constructed ...... regular cleaning” - should this refer to stable flooring? Kennel flooring addressed in PO 3.1 DTS/DPF 3.2 Kennels • Recommend Kennels be sited a minimum of 2000m from a township, settlement and urban areas / relevant zones Aquaculture - Beverage production in Rural Areas - Bulk handling and Storage facilities DTS/DPF 1.1 Siting and Design • Provide definition of “bulk petroleum storage” or provide detail of capacity as done with coal handling in part (c) of policy Clearance from overhead powerlines - Design in Urban Areas DTS/DPF 16.2 (c) Ancillary Development • Concerns with maximum limit of 60m2 – currently max floor area is 120m2 within Council’s residential and settlement zones DTS/DPF 18.2 (f) Residential Development • Typo error (f) 3a should read (f) a DTS/DPF 18.3 Residential Development • Figure unclear – difficult to read due to clarity of drawing DTS/DPF 21.2 Tree planting • Each council area will need to produce a guide for suitable tree species DTS/DPF 22/1 Rainwater tanks • Capacity of tanks considered too small • Council currently requires min of 11,000 litres per bedroom within the Residential Zone and 15,000 litres within Settlement Zones • Note that Infrastructure and Renewable Energy DTS/DPF 11.2 requires minimum of 50,000 litres where a dwelling is not connected to mains water supply • min capacity of rainwater tanks be added to applicable zones via T & NV to maintain existing requirements -

DCLEP Submission Page 17 • 22 500 litres per bedroom within the Rural Zone, Rural Living Zone, Conservation Zone or Open Space Zone • 11 000 litres per bedroom within the Suburban Neighbourhood Zone • 15 000 litres per bedroom within the Rural Settlement Zone or Rural Shack Settlement Zone DTS/DPF 22.1 (a) (should Rainwater tanks • Terminology in code is inconsistent – Definition provided for battle-axe be (b) – however policy refers to hammerhead DTS/DPF 33.5 Carparking, access • Refers to DTS 34.3 which does not exist DTS/DPF 34.2 Carparking, access • Refers to DTS 34.3 which does not exist Design in Rural Areas DTS/ DPF 12.1 (g) & (h) Ancillary Development • max wall height of 3m and max roof height of 5m too restrictive, particularly within rural areas and rural living zones where sheds are built to accommodate large boats, caravans, recreational vehicles etc DTS/ DPF 12.3 (c) Ancillary Development • with maximum floor area limit of 60m2 too restrictive, particularly within rural areas and rural living zones where sheds are built to accommodate large boats, caravans, recreational vehicles etc • these parameters should be different that the design in urban area limits • currently in Council’s Development Plan there is no limit in Rural Areas for outbuildings and in Rural Living Zones a max floor area of 180m2 DTS/DPF 22.6 Carparking, access • refers to DTS 21.5 which does not exist ? 22.5 DTS/DPF 23.2 Carparking, access • refers to DTS 21.3 which does not exist ? 22.3 • many of the policy provisions in regard to residential development are not considered applicable to rural areas Forestry - Housing Renewal - Interface between land uses DTS/DPF 3.1, 3.2 Overshadowing • Applications for dwellings and dwelling additions will need to be accompanied by shadow diagrams DTS/DPF 4.1 & 4.6 Activities Generating Noise • Applications for activities generating noise will need to be accompanied by an acoustic report PO 8.1 & DTS/DPF 8.1 Electrical Interference • Unsure how the presence of an existing fixed transmitter and receiver will be known to enable assessment

DCLEP Submission Page 18 PO 9.2 Interface with rural activities • Recommend a DTS/DPF that sensitive receivers are sited at least 500m from the boundary of a site used for intensive animal husbandry DTS/DPF 10.1 Interface with Mines and Quarries • Policy to also include Resource Extraction Zones Infrastructure and Renewable Energy Facilities - Intensive Animal Husbandry and Dairies - Land division in Urban Areas PO.3.1 Roads and Access • Recommend policy be amended to read “ Land division provides allotments with access to an all-weather public road” Land Division in Rural Areas PO.3.1 Roads and Access • Recommend policy be amended to read “ Land division provides allotments with access to an all-weather public road” • Include a policy provision in regard to hammerhead style allotments – Council’s current plan advises driveway ‘handle’ being not less than 25m in width and no more than 50m in length – important policy for DCLEP council area Marinas and on-water structures PO 1.3 Navigation and Safety • Possible DTS/DPF to read “All vessels moored to on-water structures to be located within property or license boundaries” Open Space and Recreation - Resource extraction • Recommend additional policies be included to address site rehabilitation Site Contamination - Tourist Development In rural areas • No policy provisions to provide guidance for tourist development within rural areas eg linkages with agricultural production and processing, encourage re-use of existing buildings Transport, Access and parking DTS/DPF 3.1 Vehicle Access • Include (c) from an all-weather public road Waste Treatment and Management Facilities - Workers Accommodation and Settlements

DCLEP Submission Page 19 -

DCLEP Submission Page 20 Planning and Design Code Consultation Map - Resource Extraction Zone Boundary

23/11/2019, 20:03:20 1 :9,028 0 0.1 0.2 0.4 mi

0 0.175 0.35 0.7km

qll Location SA

Consultation closes 2 9 November 2019 for Phase 2 and 28 February 2020 for Phase 3 Location SA I Planning and Design Code Consultation Map - Water Protection Overlay Boundary

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23/11/2019, 20:06:09 1 :36, 112 Water Protection Area Overlay Suburban Masterplanned Neighbourhood Zone ■ Urban Activity Centre Zone Urban Renewal Neighbourhood Zone 0 0.45 0.9 1.8 mi

Suburban Activity Centre Zone Suburban Neighbourhood Zone ■ Urban Corridor (Boulevard) Zone 0 0.5 1 2km ■ Suburban Business and Innovation Zone Tourism Development Zone Urban Corridor (Business) Zone

Suburban Employment Zone Township Zone Urban Corridor (Living) Zone ocation SA Suburban Greenfield Neighbourhood Zone Township Activity Centre Zone Urban Corridor (Main Street) Zone .,.­•l Suburban Main Street Zone Township Main Street Zone Urban Neighbourhood Zone

Consultation closes 2 9 November 2019 for Phase 2 and 28 February 2020 for Phase 3 Location SA I