Notice of Council Assessment Panel Meeting

Members – Council Assessment Panel CITY OF MARION

NOTICE OF COUNCIL ASSESSMENT PANEL MEETING

Notice is hereby given that a Council Assessment Panel Meeting will be held:

Wednesday 5 August 2020

Commencing at 6.30 p.m.

Council Administration Centre

245 Sturt Road, Sturt

A copy of the Agenda for the meeting is attached. Meetings are open to the public and interested members of the community are welcome to attend. Access to the CAP Meeting is via the main entrance to the Administration building, 245 Sturt Road, Sturt.

Alex Wright ASSESSMENT MANAGER

28 July 2020

Note: The plans contained in this Agenda are subject to copyright and should not be copied without authorisation.

CITY OF MARION COUNCIL ASSESSMENT PANEL AGENDA FOR MEETING TO BE HELD ON WEDNESDAY 5 AUGUST 2020 COMMENCING AT 6.30PM

1.1 OPEN MEETING

1.2 PRESENT

1.3 APOLOGIES

1.4 IN ATTENDANCE

2. GENERAL OPERATIONS

3. APPLICATIONS

3.1 284-286 STURT ROAD, MARION, 288 STURT ROAD, MARION, 292-296 STURT ROAD, MARION, 876 MARION ROAD, MARION, 24 TWEED AVENUE, MARION PREVIOUSLY DEFERRED AT CAP030620 Stage 1 - alterations and additions to an existing educational establishment including demolition of existing playing courts, fencing and single storey dwelling, a single storey building for use as a pre-school, construction of a verandah, alterations to access, internal driveway and car parking, masonry fence and associated siteworks and landscaping; Stage 2 - the construction of a two storey educational building (part 1); stage 3 - the construction of a two storey educational building (part 2). Report Reference: CAP050820 – 3.1 ...... ………..1

3.2 368 STURT ROAD, TONSLEY Residential Land Division, Community Title - 1 into 6 allotments Report Reference: CAP050820 – 3.2 ...... ………24

3.3 395 CROSS ROAD, EDWARDSTOWN Change in land use from dwellings to office with associated internal alterations, car parking, landscaping, free standing advertising sign and relocation of existing garage for storage purposes Report Reference: CAP050820 – 3.3 ...... ………44

3.4 32 LAURENCE STREET, DOVE GARDENS PREVIOUSLY DEFERRED AT CAP200520 Single storey residential flat building comprising three dwelling, retaining and fencing exceeding 2.1 metres in height and landscaping Report Reference: CAP050820 – 3.4 ...... ………99

3.5 82 BRADLEY GROVE, MITCHELL PARK – CONFIDENTIAL ITEM The construction of a two storey residential flat building comprising 5 dwellings with associated carports and landscaping Report Reference: CAP050820 – 3.5 ...... ……..111

3.6 9 COPPIN STREET, GLENGOWRIE – CONFIDENTIAL ITEM Two storey detached dwelling Report Reference: CAP050820 – 3.6 ...... ……..112

4. APPEALS UPDATE ……………………………………………………………………….………..113

4.1 APPEALS AGAINST PANEL DECISIONS

4.2 APPEALS AGAINST DELEGATED APPLICAITONS

5. POLICY OBSERVATIONS …………………..…………………………………………....……….114

6. OTHER BUSINESS

7. CONFIRMATION OF THE COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING HELD ON FIFTH AUGUST 2020

8. MEETING CLOSURE CAP050820

REPORT REFERENCE: CAP050820 – 3.1 CITY OF MARION COUNCIL ASSESSMENT PANEL AGENDA FOR MEETING TO BE HELD ON WEDNESDAY 5 AUGUST 2020

Originating Officer: Nicholas Timotheou Development Officer - Planning

Applicant: Sunrise Christian School

Development Description: To undertake a staged development: Stage 1 - alterations and additions to an existing educational establishment including demolition of existing playing courts, fencing and single storey dwelling, a single storey building for use as a pre-school, construction of a verandah, alterations to access, internal driveway and car parking, masonry fence and associated siteworks and landscaping; Stage 2 - The construction of a two storey educational building (Part 1); Stage 3 - The construction of a two storey educational building (Part 2).

Site Location: 284-286 Sturt Road, Marion 288 Sturt Road, Marion 292-296 Sturt Road, Marion 876 Marion Road, Marion 24 Tweed Avenue, Marion

Zone & Policy Area: Suburban Activity Node Zone Commercial Zone / Sturt/Marion Road Corner Policy Area 3 Residential Zone / Marion Plains Policy Area 8

Lodgement Date: 05/03/2020

Development Plan: Consolidated – 15 August 2019 Gazetted 8 August 2019

Referrals: External Department of Planning, Transport and Infrastructure

Internal Development Engineer Heritage Architect

Application Type: Non-Complying Commercial Zone - Development (including building work, a change in the use of land, or division of an allotment) for the following is non- complying: Educational establishment

Page 1 CAP050820

Delegations Policy: 1.4.1.1 Non-complying applications – the Panel will decide to refuse the application or seek the concurrence of the State Commission Assessment Panel to approve the application, except for the following:  the decision to proceed with an assessment of a non-complying application pursuant to Regulation 17 (3)(b) of the Development Regulations 2008). non-complying applications deemed to be minor in accordance with Regulation 17 and Schedule 9 Part 1 (3) of the Development Regulations 2008.

Categorisation 3 Not defined by the Development Plan or the Development Regulations 2008, and not considered minor in nature pursuant to Schedule 9, Part 1 – 2(g).

Application No: 100/2020/342

Recommendation: That Development Plan Consent be GRANTED subject to concurrence of the State Commission Assessment Panel (SCAP) and a Reserved Matter and Conditions

Attachments

Attachment I: Minutes from Council Assessment Panel meeting held 3 June 2020 Attachment II: Proposal Plan and supporting documentation

Page 2 CAP050820

BACKGROUND

The subject application was considered by the Panel at its meeting of 3 June 2020, whereby a decision upon the application was deferred for the following reason;

2. The potential for noise attenuating fencing to be constructed along the eastern boundary of the school, adjacent 1, 3, 5, 7, 9 and 11 Tweed Avenue, necessary for the reduction in noise from students consequential upon the increased student numbers.

3. Consideration be given to a Management Plan to be developed in consultation with adjacent residents in relation to the emanation of noise through traffic, waste disposal, loudspeakers and dust extractors.

The applicant has revisited the design of the proposal in light of the Panel’s position, amended the proposal where practicable and provided additional information for consideration.

The original report, plans and attachments can be found in the member’s agenda from the 3 June 2020 meeting. Administration will provide Members who were not present at the previous meeting (3 June 2020) with a copy of the previous proposal plans and supporting documentation. This documentation will be uploaded to Members Ipad and provided via email (by way of dropbox) the day the Agenda is released.

Page 3 CAP050820

DISCUSSION

This amendments are considered to achieve the intent of the Panel’s reason for deferral and are assessed in relation to each item below:

Tweed Avenue streetscape appearance

It is acknowledged the streetscape appearance of Tweed Avenue will change as a result of the proposed development, namely, 24 Tweed Avenue which currently presents a detached dwelling to the cul-de-sac will be replaced by fencing. The proposal has been amended to incorporate masonry fencing (exposed brick in “honestly artisan”) to this portion of the Tweed Avenue boundary and will be situated behind two mature Eucalyptus Leucoxylon (blue gum) street trees. Council’s Coordinator Arboriculture has also advised there is opportunity to plant an additional tree, of the same species, within the road reserve adjacent the Tweed Avenue cul-de-sac and existing school boundary fencing. Should the application be supported, Council will issue an invoice for the planting of this street tree.

Additional landscaping adjacent Tweed Avenue, 11 Tweed Avenue and 22 Tweed Avenue is proposed and shall comprise ornamental pears (approximate grow height of 7m) will be provided and be visible over the existing and proposed fencing.

These elements are considered to assist in improving the appearance of the Tweed Avenue cul-de- sac as well as the external outlook from 22 Tweed Avenue.

Noise

Student numbers It is important to acknowledge that th Sunrise School, as part of a development application in 2006, sought an increase in student numbers, which is reflected on the consent stating the total number of students shall not exceed 660. The applicant has identified the schools student numbers generally range between 250 and 320. The proposal will see an increase in student numbers by 300, resulting in a total of 620, which falls below the existing condition over the site. Deferral reason 2 identifies what impacts the development will have from a noise perspective as consequence upon the increased student numbers. Given the existing conditions over the site, it is acknowledged that, as of right, the school in it’s present location and form could operate with up to 660 students.

The above notwithstanding, the applicant has engaged Sonus to provide further correspondence in relation to this matter who has provided the following for the Panel’s consideration.

Sonus further advises that noise from children playing within schools is excluded from assessment under the Environment Protection (Noise) Policy 2007 (the Noise Policy). This is because:

 the noise from children playing is seldom of concern when considering the extent of interfaces of schools, child care centres and playgrounds with residential areas;  the goal noise levels are established for sources which operate continuously;  the noise from children playing is intermittent;  the noise from children playing occurs during the day;  the noise levels generated are inherently high and so large fence structures are required to achieve the objective goals of the Policy. Large fencing is seen as detrimental by schools for reasons of passive security and connection to the community and by the community for reasons of residential amenity.

Page 4 CAP050820

Sonus has continued to identify that if student numbers were doubled in the play area adjacent Tweed Avenue, a minor increase of 3Db(A) in noise levels would come as a result, which is subjectively perceived as a “just noticeable” difference. The report has identified there will however be a greater variation in noise levels from the current playground arrangement on a daily basis related to the location of children. For these reasons, the applicant has not provided additional acoustic fencing adjacent the properties at 1, 3, 5, 7, 9 and 11 Tweed Avenue. The Sonus report has identified that in order to address the potential for additional noise generated from the increase in student numbers, large fencing structres would be required, which may result in amenity impacts upon residents and would see a reduction in passive security for the school.

Whilst there will be some increase in noise from student numbers and that additional acoustic fencing has not been provided, it is worthy to acknowledge the school has an existing approval for up to 660 students. It is also acknowledged that the school operates during the day and outside of sleeping hours. The school is a longstanding lawful land use and the increase in student numbers is considered to remain in accordance with existing conditions.

Loudspeakers and Dust Extractor Beyond the matter pertaining to the increase in student numbers, the applicant has outlined existing activities which generate noise, including the use of amplified speakers and a dust extractor. Following the previous CAP meeting and concerns raised from representors and residents in general, the applicant has, in good faith, advised the school has ceased use of the loudspeakers. Further discussions with the applicant has identified that the use of the loudspeaker will only occur in emergencies.

The applicant has also identified previous complaints have been received surrounding noise generated by the dust extractor associated with the tech centre. When this occurred, sound attenuating measures were introduced in order to minimise noise impacts and has since received no further complaints. It should be acknowledged however that these matters are outside of the subject assessment.

Traffic The Applicant has submitted a copy of the Marion Sunrise School’s Traffic and Car Park Safety Policy for the Panel’s consideration. The Policy includes reminders for staff, parents, children and visitors to the site to promote safe use of car parks and drop-off/pick-up zones. Further, instructions are provided for ELC parents. It is acknowledged that these are matters which cannot be controlled through the planning assessment of the subject application, rather, the relevant authority should be satisfied that the car parking and manoeuvring layout has the ability to appropriately serve users of the site and promote safe traffic and pedestrian access throughout the site. The on-site management of traffic becomes the responsibility of the school in order to ensure that users of the carpark act in an appropriate and safe manner.

This notwithstanding, the applicant has provided an additional pedestrian access plan which demonstrates the extent of safety functions provided throughout the site that promote a safe traffic and pedestrian environment. These include, pedestrian paths, zebra crossings, speed limit restriction signs and speed humps. The Policy and Pedestrian Access Plan is considered to demonstrate how the site masterplan takes into account the traffic concerns previously held by the Panel and aims to implement a design which places high importance on safety.

The applicant has also updated the plans to nominate the concept design of the channelised left turn lane and footpath adjacent Marion Road. Administration have had various discussions with the applicant around this matter and it has been agreed that the detailed design for Stage 2 and Stage 3 of the application will satisfactorily address this matter. As such, it is recommended the following Reserved Matter be attached to any consent;

Page 5 CAP050820

The detailed design of the channelised left turn lane and footpath adjacent Marion Road (identified by the red dashed line on the Proposed Site Plan prepared by Thompson Rossi Drawing Number DD03 Rev [E] dated 13 July 2020) shall be submitted to the Council for its consideration and approval prior to Building Rules Consent for Stage 2 being granted. The detailed design must be to the reasonable satisfaction of the Council and accord with Council standards for road and footpath design.

This is considered to provide assurance that the design of the left turn lane and footpath are designed to an appropriate standard from both DPTI and Council’s perspective.

Waste disposal The applicant has reiterated that waste disposal will continue to operate as it currently exists. The location of waste storage receptacles will not change and is sited adjacent the proposed covered outdoor learning area, which is capable of being screened from public view. A private collection service is utilised and will continue to do so outside of school hours in order to minimise any safety risks.

Administration recommends the following condition be attached to any consent to ensure waste pickup does not unreasonably impact the amenity of nearby properties:

All waste disposal and pick up shall be undertaken in accordance with the requirements stipulated within the Environment Protection (Noise) Policy 2007, or subsequent legislation. Under this legislation, the following provisions apply to an activity (rubbish collection) when it results in noise with an adverse impact on amenity:

(a) the activity must not be undertaken except— (i) between 9.00 a.m. and 7.00 p.m. on a Sunday or other public holiday; (ii) between 7.00 a.m. and 7.00 p.m. on any other day.

To this end, it is considered that the matter of waste collection will remain an appropriate operation which will not impact the amenity of nearby sensitive land uses.

Management Plan

It is acknowledged Deferral reason 3 sought consideration to a Management Plan to be developed in consultation with adjacent residents in relation to the emanation of noise through traffic, waste disposal, loudspeakers and dust extractors. Although a Management Plan has not been submitted, it is acknowledged each of the matters relating to noise, waste disposal, loudspeakers and dust extractors have been discussed in the body of this report and it is my opinion that the proposal is satisfactory in relation to these matters and the applicant’s response is satisfactory for the Panel’s considerations.

Page 6 CAP050820

ANALYSIS & CONCLUSION

The applicant has sought to address the Panel’s reasons for deferral where practicable. This has resulted in and improved streetscape outcome for the Tweed Avenue cul-de-sac and external outlook from 22 Tweed Avenue. Additional information has also been submitted in relation to noise, traffic and pedestrian access throughout the site for the Panel’s consideration.

The inclusion of a masonry fence, an additional street tree along Tweed Avenue and mature landscaping adjacent 11 and 22 Tweed Avenue is considered to assist in achieving a positive outcome for the Tweed Avenue cul-de-sac. Mature landscaping has been included along the shared boundary of 22 Tweed Avenue, which will assist in improving the external outlook from that site.

Although the amendmnets and additional information submitted have not entirely addressed Deferral reasons 2 and 3, it is acknowledged that the response provided have taken these matters into account. Various matters can be regarded for Deferral reason 2 and in my opinion, those most worthy of consideration relate to existing approvals for the school and student numbers, the fact that the school operates during non-sleeping hours and that schools are exempt from from assessment under the Environment Protection (Noise) Policy 2007.

Deferral reason 3 sought a Management Plan which has not been sumbmitted; however, it is acknowledged the additional information submitted aims to address the matters relating to noise, waste disposal, loudspeakers and dust extractors.

The additional information provided by the applicant seeks to provide further context and background information on the development site and existing operations of the school. It is acknowledged that in 2006, the school applied for an increase in student numbers to 660 which was assessed and approved by Council. Enrolled student numbers have generally been in the order of 250 and 320, whereas the proposal will see an increase in 300 students, thereby remaining in line with the existing conditions over the site and that which could occur at present.

A report prepared by Sonus has been provided in response to various matters surrounding existing and potential new sources of noise generated by the proposal. Whilst regard is had to the existing conditions over the site relating to student numbers, it is acknowledged noise from children playing within schools is excluded from assessment under the Environment Protection (Noise) Policy 2007 (the Noise Policy). This notwithstanding, the increase in student numbers has been considered by experts in that field who have advised the additional noise generated by the increase in student numbers is considered negligible.

Existing operations of the site pertaining to the use of amplified speakers and a dust extractor have been explored by the applicant who has identified the school has since ceased use of the speakers and will only be used in emergencies. The dust extractor is associated with the existing tech centre which upon receipt of complaints in the past, has implemented noise attenuating features in order to minimise impacts upon the amenity of nearby residential land uses. These matters are outside of the assessment of the subject application; however, the applicant has informed Council that no further complaints have been received since these actions taking place.

Waste disposal will continue to occur in accordance with the existing arrangements, where a private waste collection company undertakes the activity in accordance with the Environmental Protection (Noise) Policy 2007. This occurs outside of school hours in order to maintain traffic and pedestrian safety.

The applicant has furnished Council with a copy of the Marion Sunrise School’s Traffic and Car Park Safety Policy for information and consideration. This document demonstrates the measures taken into account by the school for management of traffic and pedestrian safety. Whlist it is acknowledged these matters become an on-site management matter by the school, preventative

Page 7 CAP050820 measures are included in the subject application, including the identification of zebra crossings, speed limit restriction signs and speed humps, all of which aim to promote a safe traffic and pedestrian environment.

The additional information supports, and is consistent with, the previous planning assessment presented to the Panel on 3 June 2020.

It is my view that the proposed development is not seriously at variance to the Development Plan. Further, the proposed development sufficiently accords with the relevant provisions of the Development Plan, and warrants Development Plan Consent subject to the concurrence of the State Commission Assessment Panel (SCAP), and with the following Reserved Matters and Conditions.

Page 8 CAP050820

RECOMMENDATION

Having considered all relevant planning matters in relation to the subject development application:

(a) The Panel notes this report and concur with the findings and reasons for the recommendation;

(b) The Panel concurs that the proposed development is not seriously at variance to the Marion Council Development Plan, in accordance with Section 35 (2) of the Development Act 1993; and

(c) That Development Plan Consent for Development Application No: 100/342/2020 for To undertake a staged development: Stage 1 - alterations and additions to an existing educational establishment including demolition of existing playing courts, fencing and single storey dwelling, a single storey building for use as a pre-school, construction of a verandah, alterations to access, internal driveway and car parking and associated siteworks and landscaping; Stage 2 - The construction of a two storey educational building (Part 1); Stage 3 - The construction of a two storey educational building (Part 2) at 284-286 Sturt Road, Marion, 288 Sturt Road, Marion, 292-296 Sturt Road, Marion, 876 Marion Road, Marion and 24 Tweed Avenue, Marion be GRANTED subject to the concurrence of the State Commission Assessment Panel (SCAP), and with the following Reserved Matter and Conditions.

RESERVED MATTER

Pursuant to Section 33(3) of the Development Act 1993, Council RESERVES its decision in relation to the following matters. Development Approval will not be issued by the Council unless and until it has assessed the following matters and granted its consent in respect thereof.

1. A fully engineered site works and drainage plan shall be provided to Council for its consideration and approval prior to Building Rules Consent being granted for each of the Stages 1, 2 or 3. The site works and drainage plan must detail top of kerb level, existing ground levels throughout the subject site and on adjacent land, proposed bench levels and finished floor levels, the extent of cut/fill required, the location and height of proposed retaining walls, driveway gradients, the location of all existing street infrastructure and street trees and must be to the reasonable satisfaction of the Council.

2. Details of the green wall along the eastern side of the two storey building shall be submitted to Council for its consideration and approval prior to Building Rules Consent for Stage 2 being granted, details of which must be to the reasonable satisfaction of the Council.

3. The detailed design of the channelised left turn lane and footpath adjacent Marion Road (identified by the red dashed line on the Proposed Site Plan prepared by Thompson Rossi Drawing Number DD03 Rev [E] dated 13 July 2020) shall be submitted to the Council for its consideration and approval prior to Building Rules Consent for Stage 2 being granted. The detailed design must be to the reasonable satisfaction of the Council and accord with Council standards for road and footpath design.

Pursuant to Section 33(3) of the Development Act 1993 the Council reserves its decision on the form and substance of any further conditions of development plan consent that it considers appropriate to impose in respect of the reserved matter outlined above.

Page 9 CAP050820

CONDITIONS

1. The development shall proceed in accordance with the plans and details submitted with and forming part of Development Application No. 100/2019/816 (unless superseded by any reserved matter), being:

a. Existing Site Plan, Sheet DD01, prepared by Thomson Rossi; b. Demolition Site Plan, Sheet DD02, prepared by Thomson Rossi; c. Proposed Site Plan, Sheet DD03, Revision C, prepared by Thomson Rossi; d. ELC Site Plan, Sheet DD04, prepared by Thomson Rossi; e. Floor Plan and Roof Plan, Sheet DD05, prepared by Thomson Rossi; f. Elevations, Sheet DD06, prepared by Thomson Rossi; g. 3D Axonometric, Sheet DD07; prepared by Thomson Rossi; h. Perspectives, Sheet DD08, DD09 and DD10 prepared by Thomson Rossi; i. Stage 2 Plans, Sheet DD10, prepared by Thomson Rossi; j. Stage 1 – Cola – Plan / Elevations, Sheet DD11, prepared by Thomson Rossi; k. Massing – Stage 1, 2 & 3, Sheet DD12, prepared by Thomson Rossi; l. Future Stages - Perspectives, Sheet DD13, prepared by Thomson Rossi; m. Stage 2 - Plans, Sheet DD14, prepared by Thomson Rossi; n. Stage 2- Elevations, Sheet DD15, prepared by Thomson Rossi; o. Stage 3 - Plans, Sheet DD 16, prepared by Thomson Rossi; p. Stage 3 – Elevations, Sheet DD17, prepared by Thomson Rossi; q. Stormwater Management Plan Sheet 1 and Sheet 2, Rev B, prepared by Coombe Pearson Reynolds Consulting Engineers; and r. Page 7 & 8 of the Environmental Noise Assessment, prepared by Sonus.

2. All car parking spaces shall be linemarked or delineated in a distinctive fashion prior to the occupation and use of the building for its designated use, with the marking maintained in a clear and visible condition at all times.

3. All waste disposal and pick up shall be undertaken in accordance with the requirements stipulated within the Environment Protection (Noise) Policy 2007, or subsequent legislation.

4. All waste and other rubbish shall be stored in a manner so that it does not create insanitary conditions, unreasonable nuisance or pollution to the environment and shall be screened from public view to the reasonable satisfaction of Council.

5. Landscaping shall be planted within 3 months of the completion of each Stage and maintained so as to not obstruct the views of drivers or pedestrians entering or exiting the site, to the reasonable satisfaction of Council.

6. All loading and unloading of vehicles associated with the subject premises shall be carried out entirely upon the subject land.

7. Driveways, car parking spaces, manoeuvring areas and landscaping areas shall not be used for the storage or display of any goods, materials or waste at any time.

Page 10 CAP050820

8. All car parking areas, driveways and vehicle manoeuvring areas must be constructed, sealed and drained in accordance with recognised engineering practices prior to the occupation of the premises or the use of the development herein approved.

Department of Planning, Transport and Infrastructure Conditions

9. All access to Sturt Road and Marion Road shall be consistent with Frank Siow turn paths and Thomson Rossi Site Plan, Project 3141, Drawing No. DD03, Revision A dated 23 September 2019.

10. A channelised left turn lane shall be provided at the Marion Road access point prior to the operation of Stage 2. Sufficient land to accommodate the upgrade shall be set aside from the subject site.

11. All road works on Marion Road to facilitate safe access to/from the development (ie. a channelised left turn lane) shall be designed and constructed in accordance with Austroads ‘Guide to Road Design’, any relevant Australian Standards and any DPTI requirements. All costs associated with the design and construction of the road and access upgrades required to facilitate the development (including, but not limited to, project management and any necessary road drainage, lighting upgrades) shall be borne by the applicant. The applicant shall enter into a Developer Agreement with DPTI regarding these works and shall contact DPTI Traffic Services, Network Planning Engineer, Ms Teresa Xavier on (08) 8226 8389 or via email at [email protected] to obtain approval and discuss any technical issues regarding the required works.

12. The western access on Sturt Road shall cater for entry only movements and the eastern Sturt Road access shall cater for simultaneous two-way vehicle movements of a 25 seater bus and B99 vehicle. The Sturt Road access points shall be clearly signed and line marked with sufficient flaring to accommodate the vehicles requiring access at each access point.

13. All vehicles shall enter and exit the site in a forward direction.

14. All off-street parking shall be designed in accordance with AS/NZS 2890.1:2004 and AS/NZS 2890.6:2009. Additionally, clear sightlines, as shown in Figure 3.3 ‘Minimum Sight Lines for Pedestrian Safety’ in AS/NZS 2890.1:2004, shall be provided at the property line to ensure adequate visibility between vehicles leaving the site and pedestrians on the adjacent footpath.

15. The internal manoeuvring areas for commercial vehicles shall be designed in accordance with AS2890.2:2018.

16. Stormwater run-off shall be collected on-site and discharged without jeopardising the integrity and safety of the adjacent roads. Any alterations to the road drainage infrastructure required to facilitate this shall be at the applicant’s expense.

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CAP

2.2 Report Reference: CAP030620 – 2.2 Application No: 100/2020/342 Site Location: 284-286 Sturt Road, Marion 288 Sturt Road, Marion 292-296 Sturt Road, Marion 876 Marion Road, Marion 24 Tweed Avenue, Marion

 John Rutherford (Representor) addressed the Panel  Brenton Foster (Representor) addressed the Panel  Colin Denton (Representor) addressed the Panel  Matthew King (URPS) and Frank Siow (Frank Siow & Associates) on behalf of Sunrise Christian School (Applicant) addressed the Panel

The Council Assessment Panel resolved that;

RECOMMENDATION

Having considered all relevant planning matters in relation to the subject development application:

(a) The Panel notes this report;

(b) The Panel concurs that the proposed development is not seriously at variance to the Marion Council Development Plan, in accordance with Section 35 (2) of the Development Act 1993; and

(c) The Panel considers that the proposal in its present form does not satisfy the terms of the Development Plan to an adequate extent, particularly in respect to its scale and amenity impacts on adjoining residents, and resolves that this matter be DEFERRED for the following:

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Ref: 18ADL-0404

30 June 2020 ADELAIDE 12/154 Fullarton Road ROSE PARK SA 5067 (08) 8333 7999 Mr Nicholas Timotheou MELBOURNE Development Officer - Planning 4 Brunswick Place City of Marion FITZROY VIC 3065 (03) 8593 9650 By email: [email protected] www.urps.com.au ABN 55 640 546 010

Dear Nicholas

DA 100/2020/342 – Sunrise Christian School – Response to Deferral

Introduction

Thank you for meeting with the project team to discuss the deferral of the above application at the June Panel hearing. Following our meeting we have prepared additional information directly in response to the deferral reasons. Accompanying our response is additional plans and information relating to the application and the proposed conditions.

Amended Plans and Additional Information

The following documentation is enclosed with this development application:

• An updated site plan illustrating the proposed slip lane to Marion Road, fencing detail to Tweed Avenue and the additional landscaping to the Tweed Avenue frontage. • Advice from Sonus (acoustic engineers) regarding existing noise at the site and noise as a result of the proposed development generally. • A preliminary traffic management plan prepared by Frank Siow and Associates.

Deferral reasons

The reasons for the deferral are outlined below:

• A further report to be prepared by the applicant and further assessment by staff in respect of the visual impact of the proposed fence and noise adjacent the Tweed Avenue streetscape, 11 Tweed Avenue, and 22 Tweed Avenue, with a view to increasing landscaping substantially. • The potential for noise attenuating fencing to be constructed along the eastern boundary of the school, adjacent 1, 3, 5, 7, 9 and 11 Tweed Avenue, necessary for the reduction in noise from students consequential upon the increased student numbers. • Consideration be given to a Management Plan to be developed in consultation with adjacent residents in relation to the emanation of noise through traffic, waste disposal, loudspeakers and dust extractors

shaping great communities Page 13

Following the deferral, the School has also made further contact with the neighbour at 11 Tweed Avenue and we are advised that the landowner is satisfied with the school’s proposed landscaping at the southern edge of their site (i.e. ornamental pear trees within a garden bed adjacent the car park and the common boundary).

Matters for Consideration

Student Numbers

As outlined within our Statement of Effect, Sunrise Christian School previously lodged a development application for the increase the number of students at the site (DA 100/2006/977). That development was approved with Council placing a condition that states:

5 The total number of students at the school shall not exceed 660 students without further authorisation from the Council

The School has generally had between 250 and 320 students and the proposed 300 student increase will mean that there are up to 620 students at the site.

This is less than the number previously approved by Council.

Through this development application, there are fewer students than the maximum previously approved.

This is important because:

• The Council has previously approved the school operating with higher traffic generation than what is currently proposed. • The Council has previously approved a greater number of students on the site (including play areas) on a parcel of land considerably smaller given the School has only recently been able to purchase the land on the corner of Sturt and Marion Roads. • Through this development application, there is more on-site car parking for staff and for pick-up and drop off, and • Through this development application, there are more play areas meaning that not all children will use the play area to the rear of the residences at Tweed Avenue.

Tweed Avenue Streetscape Appearance

Following the deferral, the School has discussed options for further streetscape improvements to Tweed Avenue. The School site already has a frontage to Tweed Avenue, and this will be expanded with the acquisition of 24 Tweed Avenue at the end of the cul-de-sac.

The proposed development now incorporates masonry fencing to a portion of the Tweed Avenue street frontage. This fencing sits behind two existing Eucalyptus Leucoxylon (blue gum) trees which have been maintained with a relatively low height and wide canopy beneath overhead powerlines. In discussions with Council, the School is prepared to plant an additional tree of the same species at its cost and as agreed to by Council’s arboriculture staff.

Further planting is also proposed within the School site adjacent the Tweed Avenue frontage and the two adjacent Tweed Avenue fronting dwellings (11 Tweed Avenue north of the main car park and 22 Tweed

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Avenue adjacent the internal driveway). This landscaping includes ornamental pears that will be visible over the top of the existing and proposed fencing.

Noise

Sonus (acoustic engineers) has provided correspondence addressing the concerns of the Council Assessment Panel and this correspondence is enclosed.

Given the existing approved student numbers at the site and that the proposed student numbers are within that figure, that there is no typically no further assessment required in respect of the noise impact. We agree with this contention.

Sonus further advises that noise from children playing within schools is excluded from assessment under the Environment Protection (Noise) Policy 2007 (the Noise Policy). This is because:

• the noise from children playing is seldom of concern when considering the extent of interfaces of schools, child care centres and playgrounds with residential areas; • the goal noise levels are established for sources which operate continuously; • the noise from children playing is intermittent; • the noise from children playing occurs during the day; • the noise levels generated are inherently high and so large fence structures are required to achieve the objective goals of the Policy. Large fencing is seen as detrimental by schools for reasons of passive security and connection to the community and by the community for reasons of residential amenity.

Doubling the number of students in the play area only (i.e. not across the entire site) would lead to a “just noticeable” difference. Such a difference could not reasonably be considered to detrimentally impact the amenity of the locality particularly having regard to the factors outlined in Sonus summary above, but also factoring in that students have a considerably greater play area to utilise.

Given there is only a “just noticeable” difference if all children were in the play area to the rear of the Tweed Avenue dwellings, and that this would not occur on a day to day basis, it is considered that there is no need for new acoustically treated fencing to the rear of the residences along Tweed Avenue.

Sonus has also provided advice on waste collection, loudspeaker use, dust extractors and traffic and has advised that:

• Waste collection will continue as it is currently which is occurring at times within Part 6, Division 3 of the Noise Policy. • The school has ceased the use of a loudspeaker, but the School could further investigate measures to reduce impacts of loudspeakers if in the future their use is deemed necessary. • The school has added noise attenuation to the dust extractors on the northern façade of building 13 (which are, in any event, used for about 2 hours across the school week) following concerns raised by a nearby resident; no further complaints have been made since the attenuation was installed, and • Noise from traffic was considered in the application and Sonus made recommendations to mitigate against unreasonable noise impacts; those recommendations have been adopted in full.

The School has been proactive in dealing with concerns by the neighbours. This is evidenced through the School’s response to noise from the extractors and with respect to the loudspeakers. The School is always

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willing to hear from residents if there are activities at the site are of concern. The School does not consider that there needs to be any ongoing management plan to deal with those matters raised by the CAP in its deferral. Instead, the School welcomes ongoing feedback from neighbours to make improvements where it can.

Traffic

Whilst the deferral reasons did not address traffic concerns, in following discussions with Council, it was considered appropriate to provide clarification on the slip lane required for Stage 2 and for the School to provide further advice on traffic management within the site.

A site plan showing the slip lane is enclosed. The slip lane could ultimately be reduced in size once the exact requirements are resolved with DPTI.

Extensive traffic advice has been provided with the development application and this has been supported and accepted by Council’s traffic engineer and by DPTI staff. Both are independent and have provided objective assessments of the advice submitted with the development application.

Frank Siow and Associates has designed the car park having regard to:

• Relevant Australian Standards for car parking. • Designing for the mix of users, such as middle/senior school students, junior primary students and ELC children. • Providing clearly marked parking spaces that cater for the range of users. • Designing a layout that ensures traffic speeds are kept low (via the layout arrangement, speed limit or use of speed control devices). • Providing crossing facilities at key locations for safe access to facilities. • Providing walkways that enable pedestrians to be separated from vehicular traffic, where possible, and • Providing clear sight lines at intersections and junctions and at crossing points.

Frank Siow and Associates has adopted the above design principles in school projects that we have undertaken throughout South Australia for nearly 30 years.

For example, in the last 10 years alone, Frank Siow and Associates has undertaken nearly 40 school projects for DPTI (Government schools), for Councils (assessing school developments) and for school clients. Some of those schools also have car parks that are considerably larger than Sunrise Christian School at Marion, including Trinity College and Pembroke School.

Noting the above, Frank Siow and Associates, together with the School has prepared a Traffic and Car Park Safety Policy. This Policy, together with a concept Traffic Management Plan that shows safe pedestrian paths, zebra crossings, speed limit signs and road humps to reduce vehicle speeds. The Policy and Plan meets the needs of the School for which student safety at all times is paramount.

The Traffic and Car Park Safety Policy will be provided to new parents and is regularly reported/revisited in communications with parents (i.e. through the regular school newsletter).

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Conclusion

We trust that the above and attached documentation address the concerns of the Panel. The School will have representatives available at the upcoming CAP hearing to respond to any further questions of staff or the Panel.

Please call us if you have any questions on 8333 7999.

Yours sincerely

Matthew King RPIA Simon Channon RPIA Managing Director Senior Associate

Enc

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. sonus

URPS 12/154 Fullarton Road ROSE PARK SA 5067 S6527C1

Attention: Simon Channon 26 June 2020

SUNRISE CHRISTIAN SCHOOL – DEVELOPMENT APPLICATION RESPONSE TO FURTHER INFORMATION REQUEST

Dear Simon,

A development application for construction of an Early Learning Centre (ELC) and staged construction of a two- storey educational building, with associated landscaping and carparking at Sunrise Christian School’s Marion campus has been considered by the Marion Council Assessment Panel (CAP).

The CAP has deferred the application subject to the following further information being provided:

1. A further report to be prepared by the applicant and further assessment by staff in respect of the visual impact of the proposed fence and noise adjacent the Tweed Avenue streetscape, 11 Tweed Avenue, and 22 Tweed Avenue, with a view to increasing landscaping substantially. 2. The potential for noise attenuating fencing to be constructed along the eastern boundary of the school, adjacent 1, 3, 5, 7, 9 and 11 Tweed Avenue, necessary for the reduction in noise from students consequential upon the increased student numbers. 3. Consideration be given to a Management Plan to be developed in consultation with adjacent residents in relation to the emanation of noise through traffic, waste disposal, loudspeakers and dust extractors

This letter provides information relating to items 2 and 3 above.

Eastern Boundary Fence

We understand that the site has an existing approval for up to 660 students and that following the proposed development, the projected total number of students will be within the approved limit (up to 620 comprising 320 existing, plus 50 ELC and 250 new students).

Typically, in such a circumstance, no further assessment of the impacts of a proposal would be made on the basis that the application does not seek any further increase beyond that already approved.

Page 19 Sonus Pty Ltd 17 Ruthven Avenue ADELAIDE SA 5000 www.sonus.com.au

SUNRISE CHRISTIAN SCHOOL – DEVELOPMENT APPLICATION RESPONSE TO FURTHER INFORMATION REQUEST 26 June 2020 Page 2 of 3 sonus.

In addition, noise from children playing in schools is excluded from assessment against the goal noise levels of the Environment Protection (Noise) Policy 2007 (the Policy) on the basis that:  the noise from children playing is seldom of concern when considering the extent of interfaces of schools, child care centres and playgrounds with residential areas;  the goal noise levels are established for sources which operate continuously;  the noise from children playing is intermittent;  the noise from children playing occurs during the day;  the noise levels generated are inherently high and so large fence structures are required to achieve the objective goals of the Policy. Large fencing is seen as detrimental by schools for reasons of passive security and connection to the community and by the community for reasons of residential amenity.

In subjective terms, assuming that the number of students playing in the area adjacent to the Tweed Avenue dwellings doubles on average, then an increase of 3 dB(A) in noise levels will arise for any given play scenario. This will subjectively be perceived as a “just noticeable” difference. In practical terms however, there will be a greater variation in noise levels from the current playground arrangement on a daily basis related to the location of children (that is, children being closer to the dwellings or in localised clusters). Therefore, any increase in student numbers will be difficult to identify and isolate as a clear change in the noise levels experienced at dwellings in the near vicinity.

Management Plan

Item 3 relates to consideration of a Management Plan to address the following noise sources: - Waste collection / disposal; - Loudspeakers; - Dust extractors; and, - Traffic.

The above items refer to existing noise sources at the site unrelated to the proposed development, with the exception of modified traffic arrangements. Consideration of any potential issues associated with these noise sources (and development of a Management Plan) will typically be a separate investigation outside of the development approval process.

Waste Collection / disposal

It is understood that waste disposal arrangements will not change as a result of the development. That is, waste disposal will continue to be collected by Council from the existing location at the same frequency and time as current collection. The current collection is understood to occur at times which are in accordance with the provisions of Part 6, Division 3 of the Policy.

Investigations can be made with the school to determine if there any measures to further reduce the impacts of collection.

Page 20

SUNRISE CHRISTIAN SCHOOL – DEVELOPMENT APPLICATION RESPONSE TO FURTHER INFORMATION REQUEST 26 June 2020 Page 3 of 3 sonus.

Loudspeakers

It is understood that a PA system installed at the school was previously used to make announcements from time to time and that the practice has ceased due to community concerns.

Investigations can be made with the school to determine if there any measures to reduce the impacts of the loudspeakers whenever it is deemed necessary to utilise them.

Dust Extractors

The dust extractors are located on the northern façade of building 13, and serve the Woodwork/Tech Studies room. The school advises that noise attenuation has previously been applied to these units following concerns raised by neighbouring residents. It is understood that following installation of the noise attenuation no further complaints have been received by the school regarding the dust collectors.

Investigations can be made with the school to determine the current noise levels generated by the extractors and if there any reasonable and practicable measures to reduce the impacts further if required.

Traffic

Noise from the modified traffic arrangement were considered in Sonus’ Environmental Noise Assessment for the proposal (refer to report S5752C2). The assessment considered noise levels at the surrounding residences from vehicle movements on the site and general car parking activity associated with the proposal.

The assessment recommended specific fencing at the residential interface to mitigate against unreasonable noise impacts from the vehicle movements and carpark activity associated with the proposed development.

If you have any questions or require clarification, please call me.

Yours faithfully Sonus Pty Ltd

Jason Turner Senior Associate

+61 410 920 122 [email protected]

Page 21

Marion Sunrise Christian School Traffic & Car Park Safety Policy

Sunrise Christian School is committed to providing a safe environment for staff, parents, children and visitors when visiting the school and using the school’s car parks.

1. Safe use of the car parks

• The School encourages everyone to be patient, polite and careful with the goal of safety firmly in mind at all times.

• Please observe the speed limit within the school.

• Please give way to pedestrians at the zebra crossings.

• Parents can use the drop-off/pick up zones or the car parking spaces designated.

• Parking areas are clearly marked.

• Double parking or parking outside of the parking spaces is not permitted.

• Please use the designated walkways and zebra crossings when proceeding across roadways.

2. Using the drop-off/pick up zones

• When using the drop off/pick up zones, drivers should remain in their vehicle at all times.

• Make sure children use the passenger side of the door to get in or out of the vehicle.

• Make sure children remain buckled up until the vehicle has stopped.

• Make sure the handbrake is applied when the vehicle is stationary.

• Staff will be present to ensure that parents do not park or leave their vehicle unattended.

3. Using the car parking spaces

• Please use the designated walkways and zebra crossings when proceeding across roadways.

4. ELC parents

• Parents are to walk their children safely from the parking spaces to the ELC.

• Please use the designated walkways and zebra crossings when proceeding across roadways.

Page 22 Page 23 CAP050820

REPORT REFERENCE: CAP050820 – 3.2 CITY OF MARION COUNCIL ASSESSMENT PANEL AGENDA FOR MEETING TO BE HELD ON WEDNESDAY 5 AUGUST 2020

Agenda Ref No: DAP050820

Originating Officer: Nicholas Timotheou Development Officer - Planning

Applicant: Cavallo Family Trust

Development Description: Residential Land Division, Community Title - 1 into 6 allotments

Site Location: 368 Sturt Road, Tonsley

Zone: Residential Zone

Policy Area: Regeneration Policy Area 16

Application Type: Category 1 Schedule 9 Part 2 5 The division of land (including for the construction of a road or thoroughfare) where the land is to be used for a purpose which is, in the opinion of the relevant authority, consistent with the objective of the zone or area under the relevant Development Plan, other than where the division will, in the opinion of the relevant authority, change the nature or function of an existing road.

Lodgement Date: 26/04/2017

Development Plan: Consolidated – 28 April 2016

Referrals: Department of Planning, Transport and Infrastructure State Commission Assessment Panel SA Water

Delegations Policy: 1.4.1.5 Any application for land division that proposes the creation of three or more additional allotments (excluding an allotment identified as common property or as a free an unrestricted right of way) where one or more of the proposed allotments is more than 5% below the minimum site area recommended by the relevant Policy Area of the Development Plan.

Application No: 100/2017/716

Recommendation: That Development Plan Consent be GRANTED subject to conditions

Attachments

Attachment I: Certificate of Title Attachment II: Proposal Plan Attachment III: External Agency Referral Comments

Page 24 CAP050820

BACKGROUND

Members are advised that the proposed community title land division application relates to a previously approved land use application, Development Application 100/2017/612, which was granted Development Plan Consent by staff in accordance with Development Delegations Policy 1.5.1 which states that all development applications other than applications set out in Section 4.1 of the Policy be determined by the Administration. A detailed assessment was undertaken with the proposal illustrating sufficient merit when assessed against the applicable Development Plan provisions to warrant the granting of Development Plan Consent. The application involved the construction of a two-storey residential flat building comprising six (6) dwellings with associated landscaping, retaining walls and fencing.

SUBJECT LAND

The subject land is located on the northern side of Sturt Road and comprises a rectangular shaped allotment, with a frontage width of 24.3 metres and a depth of 56.18 metres thereby providing a total site area of 1376.13 square metres.

The subject land is currently vacant and relatively flat; however falls away by approximately 1.3-1.5 meters in the north-western corner of the allotment. The site is devoid of any Regulated Trees; however, two Significant Trees (River Red Gum, Eucalyptus camaldulensis) are sited within the Council verge in front of the site.

Page 25 CAP050820

LOCALITY

The locality features a mixture of commercial and residential properties and Sturt / Main South Road junction which has recently been upgraded as part of the Darlington Upgrade Project.

The site is bound by residential properties form the north-east to west (in a counter-clockwise direction) and comprise a mixture of group, residential flat and detached dwellings at low-medium densities. The wider locality has seen similar types of developments and are at higher densities compared to the original housing stock.

Immediately east of the subject land is a group of shops with their associated car park to the rear of the building. This allotment falls within a Neighbourhood Centre Zone. Sturt Road separate the subject land from an Industry Zone which is currently being used as a car parking area.

The subject site and locality can be viewed via this google maps link.

Page 26 CAP050820

THE PROPOSAL

The application seeks to divide the subject land in order to create a total of 5 community title residential allotments as well as one common property allotment.

Procedural Matters

Classification

The application is listed neither as a complying nor non-complying form of development and has therefore been assessed as a ‘merit’ form of development.

Categorisation

The application forms a Category 1 development by virtue of Schedule 9 of the Development Regulations 2008, which prescribes the division of land (including for the construction of a road or thoroughfare) where the land is to be used for a purpose which is, in the opinion of the relevant authority, consistent with the objective of the zone or area under the relevant Development Plan, other than where the division will, in the opinion of the relevant authority, change the nature or function of an existing road as a Category 1 development.

Referrals

External Department of Planning, Transport and Infrastructure The referral response has raised no objections with the proposal and has advised the planning authority to attach various conditions and a note to any approval, which can be found in Attachment III of this report.

State Commission Assessment Panel (SCAP) The SCAP raised no concerns in relation to the proposed division of land and have provided a list of standard conditions for inclusion should the application be approved.

SA Water Standard comments were received from SA Water and have been taken into consideration as part of the assessment of the application.

Page 27 CAP050820

Zone and Policy Area Considerations

Residential Zone

1 An attractive residential zone comprising a range of dwelling types Proposal consider to adequately satisfy including a minimum of 15 per cent affordable housing. the intent of applicable provisions.

2 Increased dwelling densities in close proximity to centres, public and community transport routes and public open spaces.

Regeneration Policy Area 16

Objectives

1. Integrated re-development of poor quality housing stock and Proposal consider to adequately satisfy underutilised land. the intent of applicable provisions. 2. Improved quality of living environments. 3. Improved quality of housing. 4. Increased mix in the range of dwellings, including a minimum of 15 per cent affordable housing available to cater for changing demographics, particularly smaller household sizes and supported accommodation. 5. Improved environmental outcomes. 6. Increased dwelling densities and population. 7. More efficient use of land. 8. Improved community services and infrastructure. 9. Higher dwelling densities in close proximity to centres, public transport routes and public open spaces. 10. A smooth transition in the character and scale of development between this and adjoining residential policy areas. 11. Development that contributes to the desired character of the policy area.

Desired Character

New development will occur at densities greater than the current density of Proposal considered to adequately housing to increase the number of dwellings and the number of residents satisfy the intent of Desired Character within the policy area and justify the improvement of infrastructure and by facilitating an attractive residential other services. environment through an improvement in the built form design and presentation. This policy area encompasses areas of recent redevelopment and areas that are suitable for comprehensive redevelopment where the density of The land division does not require the new development will substantially exceed that of existing low density removal of mature street trees and housing. Much of the existing development in the area comprises older provides opportunities for a well public housing, primarily detached or semi-detached dwellings of varying landscaped common driveway. age and construction materials.

…It will be characterised by residential development at low-medium and medium densities, with a variety of architectural styles and a wide range of dwelling types to meet a variety of accommodation needs.

Amalgamation of properties is desirable where it will facilitate appropriately designed medium-density development. For larger development sites, a comprehensive scheme for the development of a range of dwelling types is desirable.

Development should not result in the removal of mature street trees in a road reserve that contribute positively to the landscape character of the locality.

Where access to parking areas servicing dwellings is via laneways, common driveways and the like, space should be provided for attractive landscaping and tree planting in order to present an attractive appearance from adjoining roads and to protect the amenity of adjacent dwellings.

Page 28 CAP050820

Principles of Development Control Satisfies 2 Development should not be undertaken unless it is consistent with the It is considered that the proposed desired character for the policy area. allotments will cater for a density and form of housing that is consistent with the desired character for the Regeneration Policy Area 16.

Quantitative Snapshot Requirement Proposed

Residential flat building

Allotment Dimensions Lot 1 – 188sqm Lot 2 – 122sqm Lot 3 – 122sqm 200 square metres Lot 4 – 122sqm when 2 storeys high Lot 5 – 122sqm Area (excluding the Does Not Satisfy Lot 6 – 177sqm driveway/common

property) Average site area – 142.16sqm

Common property: 524sqm Frontage width 18m Satisfies 24.3m

Depth 45 metres Satisfies 56.2m

Assessment

The application seeks approval to create 6 community title allotments and one common property allotment thereby increasing the density of the subject land. As set out above, all proposed site areas are less than the minimum 200 square metres prescribed for residential flat dwellings within the Regeneration Policy Area 16. That said, the subject land (including common property) provides a total site area of 1377 square metres which equates to an average of 229.5 square metres per allotment.

As previously mentioned, a separate land use application (DA 100/2017/612) for the construction of a two-storey residential flat building comprising six (6) dwellings with associated landscaping, retaining walls and fencing has been granted Development Plan Consent for the subject land.

Members are advised the original application was a land use only proposal (whereby Land Division principles cannot be considered as part of the assessment). In relation to the proposed site areas, the assessment had regard to Principle 3 of the Regeneration Policy Area 16 which states residential flat buildings should have an average site area per dwelling not less than 200 square metres per allotment.

As no land division component was involved with the previous application, the minimum site areas are averaged over the entire site, which in this instance equated to an average site area of 229.5 square metres per allotment – an average which exceeds the minimum 200 square metres.

It is important to note that in the scenario of the dwelling application, the driveway is included within the average as it can only be excluded when forming part of land division as per Land Division Principle 8 which states allotments in the form of a battleaxe configuration should have an area, that meet the minimum allotment sizes for the proposed form of dwelling (excluding the area of the ‘handle’ of such an allotment).

Page 29 CAP050820

As such, despite the non-compliance in site areas for each allotment, given the subject land division relates to an application previously supported by administration staff, it is my view that it has been demonstrated that the site can accommodate the increase in density.

Land Division

Objectives

1 Land division that occurs in an orderly sequence allowing Satisfies efficient provision of new infrastructure and facilities and The proposed division of land is considered to be orderly making optimum use of existing under utilised and in keeping with the density of development that is infrastructure and facilities. envisaged within Regeneration Policy Area 16.

It is considered that the proposed increase in the number of dwellings to be constructed on the subject land will make optimum use of existing infrastructure and facilities.

2 Land division that creates allotments appropriate for the Satisfies intended use. The assessment of the corresponding land use application 100/2017/612 demonstrated that the construction of six, two storey residential flat dwellings on the subject land could be satisfactorily achieved in accordance with the Development Plan.

Principles of Development Control

1 When land is divided: Satisfies (a) stormwater should be capable of being drained safely An engineered site works and drainage plan was and efficiently from each proposed allotment and disposed assessed by Council’s Engineering Department during of from the land in an environmentally sensitive manner the assessment of the land use application (b) a sufficient water supply should be made available for 100/2017/612. This plan was considered acceptable and each allotment was approved as part of the corresponding land use (c) provision should be made for the disposal of application. wastewater, sewage and other effluent from each allotment without risk to health (d) proposed roads should be graded, or be capable of being graded to connect safely and conveniently with an existing road or thoroughfare.

2 Land should not be divided if any of the following apply: Satisfies (a) the size, shape, location, slope or nature of the land The proposed division of land achieves compliance in makes any of the allotments unsuitable for the intended relation to all the requirements listed opposite. use (b) any allotment will not have a frontage to one of the following: (i) an existing road (ii) a proposed public road (iii) access to a public road via an internal roadway in a plan of community division (c) the intended use of the land is likely to require excessive cut and/or fill (d) it is likely to lead to undue erosion of the subject land or land within the locality (e) the area is unsewered and cannot accommodate an appropriate waste disposal system within the allotment to suit the intended development (f) the intended use of the land would be contrary to the zone objectives (g) any allotments will straddle more than one zone, policy area or precinct.

Page 30 CAP050820

3 Except within the Suburban Activity Node Zone, Satisfies residential allotments should have a depth of no more than The subject land achieves a depth of 56.2 metres which four times the width of the frontage or four times the is 2.3 times the frontage of the site. average width of the allotment.

8 Allotments in the form of a battle-axe configuration Does Not Satisfy should: It has been demonstrated during the assessment of the (a) have an area, that meet the minimum allotment sizes corresponding land use application that that the individual for the proposed form of dwelling, (excluding the area of dwellings achieve a reasonable level of compliance in the ‘handle’ of such an allotment) respect to the provisions listed opposite. (b) contain sufficient area on the allotment for a vehicle to turn around to enable it to egress the allotment in a forward direction (c) not be created where it would lead to multiple access points onto a road which would dominate or adversely affect the amenity of the streetscape (d) be avoided where their creation would be incompatible with the prevailing pattern of development.

9 Access ways serving allotments in the form of a Does Not Satisfy battleaxe configuration should: A dual access arrangement has been supported by DPTI (a) provide for an access onto a public road, with the in order to maintain the health and stability of the two driveway ‘handle’ being not more than 35 metres in length Significant Trees within the verge, in addition to ensuring and the width being not less than one of the following: that traffic safety is are also ensured. (i) 4 metres for an allotment that accommodates no more than 3 dwellings The proposal has been assessed by the Department of (ii) 6.1 metres for the first 6 metres and 4.6 metres Planning, Transport and Infrastructure as being thereafter for an allotment that accommodates up to 7 acceptable (acknowledging DPTI own the infrastructure dwellings within the verge). DPTI have considered various access (iii) 8 metres for the first 6 metres and 7 metres thereafter options for the site; however, none were considered for an allotment that accommodates more than 7 viable to maintain traffic safety as well as the health and dwellings. stability of the two trees. DPTI have concluded that from a traffic safety, pedestrian access and vehicle queuing times on the arterial road network will not be an issue and deemed the in/out access to be acceptable.

11 The layout of a land division should provide for efficient Partially Satisfies solar access. The subject land is located on the northern side of Sturt Road, only Lot 6 will receive adequate exposure to northern sunlight once the built form has been constructed as required by PDC 11 opposite. The remaining lots will receive east/west facing sunlight throughout the day.

21 The design of the land division should provide space Satisfies sufficient for on-street visitor car parking for the number On-site car parking provision and the internal movement and size of allotments, taking account of: of vehicles within the confines of the subject land was (a) the size of proposed allotments and sites and assessed by Council’s Development Engineer and opportunities for on-site parking deemed acceptable for safe and convenient movements. (b) the availability and frequency of public and community transport The Development Plan calls for a minimum 1.5 spaces (c) on-street parking demand likely to be generated by per dwelling, plus 1 visitor space per 3 dwellings (11 nearby uses. spaces).

22 A minimum of one on-street car parking space should PDC 22 seeks an additional 1 on-street parking space be provided for every 2 allotments unless separately per 2 allotments (3 spaces). defined shared visitor parking spaces exist on-site and at the same ratio (e.g. for group dwellings or residential flat Given on-street parking opportunities are not available for buildings). this site, the plans were amended in order to cater for these spaces on the subject land.

Each of the dwellings approved on the land provide two

Page 31 CAP050820

on-site parks, whereas space for two visitor spaces are provided at the rear of the site, providing a total of 14 car parks.

Page 32 CAP050820

Conclusion

The proposed land division reflects the approved dwelling application 100/2017/612. Although the allotments have a shortfall in site area, the associated land use application has demonstrated that the density is appropriate for the locality/Policy Area, the sites are suitable for their intended purpose, and can accommodate residential flat dwellings in accordance with Development Plan criteria. As such, the application is considered to be orderly development and will not result in any adverse or fundamental impacts on the wider location.

A land use application for the construction of a two-storey residential flat building comprising six (6) dwellings with associated landscaping, retaining walls and fencing has been granted Development Plan Consent by staff under delegated authority. The built form application was considered to sufficiently accord with the applicable Objectives and Principles of Development Control to, on balance, warrant support. This same level of staff delegation does not extend to land division applications which seek to create three or more additional allotments, hence the delegated authority for this form of development lies with the CAP.

As a result of the above considerations, it is my view that the proposed development is not seriously at variance to the Marion Council Development Plan, in accordance with Section 35 (2) of the Development Act 1993.

Further, the proposed development sufficiently accords with the relevant provisions of the Marion Council Development Plan, and warrants Development Plan Consent, Land Division Consent and Development Approval subject to conditions.

Page 33 CAP050820

RECOMMENDATION

Having considered all relevant planning matters in relation to the subject development application:

(a) The Panel note this report and concur with the findings and reasons for the recommendation;

(b) The Panel concur that the proposed development is not seriously at variance to the Marion Council Development Plan, in accordance with Section 35 (2) of the Development Act 1993; and

(c) That Development Plan Consent, Land Division Consent and Development Approval for Development Application No: 100/2017/716 for Residential Land Division, Community Title - 1 into 6 allotments at 368 Sturt Road, Tonsley be GRANTED subject to the following conditions:

CONDITIONS

Development Plan Consent

1. The development shall be undertaken in accordance with the plans and details submitted with and forming part of Development Application No. 100/2017/716 (100/C057/17), except when varied by the following conditions of consent.

2. All buildings and all deleterious materials such as concrete slabs, footings, retaining walls, irrigation, water or sewer pipes and other rubbish shall be cleared from the subject land, prior to the Council advising the Development Assessment Commission that it has no objection to the issue of a certificate pursuant to Section 51 of the Development Act.

3. The final survey plan shall be available to the Council, prior to the Council advising the Development Assessment Commission that it has no objection to the issue of a certificate pursuant to Section 51 of the Development Act.

Department of Planning Transport and Infrastructure Conditions

4. The common property shall incorporate a separate entry access and exit access together with additional flaring at the entry to maximum ease of access. The access points shall be consistent with Vallco Design and PlanIt First Site Plan, Project No. 423/0217, Revision C, dated Amendment 19 march 2019.

5. All vehicles shall enter and exit the site in a forward direction.

6. The access and shared manoeuvring space shall be clear of all obstructions.

7. Stormwater run-off shall be collected on-site and discharged without jeopardising the integrity and safety of the adjacent roads. Any alterations to the road drainage infrastructure required to facilitate this shall be at the applicant’s expense.

Land Division Consent

8. The financial requirements of SA Water shall be met for the provision of water supply and sewerage services.

Page 34 CAP050820

On receipt of the developer details and site specifications an investigation will be carried out to determine if the connections to your development will be standard or non standard fees.

The developer must inform potential purchasers of the community lots of the servicing arrangements and seek written agreement prior to settlement, as future alterations would be at full cost to the owner/applicant.

9. Payment of $33380.00 into the Planning and Development Fund (5 allotment/s @ $6676.00 /allotment). Payment may be made by credit card via the internet at www.edala.sa.gov.au or by phone (7109 7018), by cheque payable to the Department of Planning, Transport and Infrastructure marked “Not Negotiable” and sent to GPO Box 1815, Adelaide 5001 or in person, by cheque or credit card, at Level 5, 50 Flinders Street, Adelaide.

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

Notes

1. The Metropolitan Adelaide Road Widening Plan shows a possible requirement for a strip of land up to 4.5 metres in width from the Sturt Road frontage of this site for future upgrading of the South Road/Sturt Road intersection. Although it is unlikely that any land would be required from this site, the consent of the Commissioner of Highways under the Metropolitan Adelaide Road Widening Plan Act is required to all building works on or within 6.0 metres of the possible requirement.

Page 35 Product Register Search Date/Time 15/02/2017 04:49PM 44 Customer Reference Order ID 20170215012420 Cost $27.75

The Registrar-General certifies that this Title Register Search displays the records maintained in the Register

Book and other notations at the time of searching. .

Registrar-General

Certificate of Title - Volume 5094 Folio 323

Parent Title(s) CT 4331/606 REAL PROPERTY ACT 1888

Dealing(s) CONVERTED TITLE Creating Title :l1ER1rtdiu it1e Issued 23/10/1992

Edition . 6

Edition Issued 27/02/2009 Estate Type FEE SIMPLE Registered Proprietor MARK- ALAN BOTT WENDY JAYNE BOTT OF 230 IRONBANK ROAD IRONBANK SA 5153 AS JOINT TENANTS Description of Land ALLOTMENT 32 DEPOSITED PLAN 24699 IN THE AREA NAMED CLOVELLY PARK HUNDRED OF ADELAIDE Easements NIL Schedule of Dealings Dealing Number Description

11120933 MORTGAGE TO AUSTRALIA & NEW ZEALAND BANKING GROUP LTD. (SINGLE COPY ONLY) Notations Dealings Affecting Title

NIL

Priority Notices

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NIL Notations on Plan NIL Registrar-General's Notes NIL Administrative Interests NIL

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D. P. 6568

244

32 ICZ T EC

& 462 N) r4) q

2430 4251 .STURT 1??

0 75 5 225 30 Metres

Land Services Page 38 Page 3 of 3 . Copyright Privacy Disclaimer: w.sailis.sa.gov.auIhome/showCopyright w.sailis.sa.gov.au/home/showPrivacyStatement www.sailis.sa.gov.au/home/showDisclaimer PLAN OF PROPOSED COMMUNITY DIVISION

DAC DEVELOPMENT NUMBER 100/C057/17

SUBJECT LAND DETAIL ALLOTMENT 32 IN DP 24699 HUNDRED OF ADELAIDE

IN THE AREA NAMED CLOVELLY PARK

368 STURT ROAD CLOVELLY PARK SA

TITLE REFERENCES C.T. Vol. 5094 Fol. 323 MAP REFERENCE: 6627/01/F

COMMUNITY DIVISION TOTAL SITE AREA: 1377m 2 NO. OF EXISTING ALLOTMENTS: 1 NO. OF PROPOSED LOTS: 6 NO. OF ADDITIONAL LOTS: 5

COUNCIL: MARION ZONE: RESIDENTIAL POLICY AREA: 16

ANNOTATIONS / EASEMENTS PLEASE REFER TO LAND USE APPLICATION PREPARED BY VALLCO DESIGN.

EXISTING DWELLING & STRUCTURES TO BE DEMOLISHED AND SITE CLEARED.

NEW EASEMENTS RECIPROCAL PARTY WALL RIGHTS TO BE CREATED OVER PORTIONS OF LOTS 1, 2, 3, 4, 5 & 6 MARKED A, B, C, D, E, F, G, H, J & K.

ALL DATA IS APPROX ONLY SUBJECT TO SURVEY AND FINAL PLAN ALL DIMENSIONS IN METRES. DO NOT SCALE DRAWING. CAVALLO FOREST LICENSED SURVEYORS 9 George Street Hindmarsh SA 5007 PLANNER NOTE: PLEASE INSTRUCT YOUR RATES DEPARTMENT TO PROVIDE (08) 8346 0440 STREET NUMBERING WITH THE DECISION NOTIFICATION FORM [email protected] AS PER SAPN AND NBN UNTILITIES REQUIREMENTS. DATE 18/04/2020 FIELD -- DRAWN JC

LICENSED SURVEYORS * ENGINEERING SURVEYORS * DEVELOPMENT CONSULTANTS * LICENSED SURVEYORS REF No 17-038 CHK RC REV 03 Page 39 Page 40 Page 41

SA Water Level 6, 250 Victoria Square 22 April 2020 ADELAIDE SA 5000 Ph (08) 7424 1119 Inquiries Sia Papazafiropoulos Our Ref: H0058093 Telephone 74241119 The Chairman State Commission Assessment Panel 50 Flinders St ADELAIDE SA 5000 Dear Sir/Madam PROPOSED LAND DIVISION APPLICATION NO: 100/C057/17 AT CLOVELLY PARK In response to the abovementioned proposal, I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporation's requirements, which are listed below. The financial requirements of SA Water shall be met for the provision of water supply and sewerage services. On receipt of the developer details and site specifications an investigation will be carried out to determine if the connections to your development will be standard or non standard fees. The developer must inform potential purchasers of the community lots of the servicing arrangements and seek written agreement prior to settlement, as future alterations would be at full cost to the owner/applicant. Yours faithfully Sia Papazafiropoulos for MANAGER LAND DEVELOPMENT & CONNECTIONS

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Contact Planning Services Telephone 7109 7016 Email [email protected]

22 June 2020

Chief Executive Officer City of Marion PO Box 21 OAKLANDS PARK SA 5046

Dear Sir

Re: Proposed Development Application No. 100/C057/17 (ID 57593) – Amended Plan 18/4/20 for Land Division (Community Title Plan) by EGA Development Pty Ltd

Further to my letter dated 9 June 2017 and to assist the Council in reaching a decision on this application, copies of consultation agency reports received by the State Commission Assessment Panel (SCAP) are available for your consideration.

IT IS REQUESTED PURSUANT TO SECTION 33 (1) (c) OF THE DEVELOPMENT ACT 1993 THAT THE COUNCIL INCLUDE IN ITS DEVELOPMENT APPROVAL THE FOLLOWING REQUIREMENTS OF THE SCAP.

1. The financial requirements of the S A Water Corporation shall be met for the provision of water supply and sewerage services. (S A Water H)

SA Water advises on receipt of the developer details and site specifications an investigation will be carried out to determine if the connections to your development will be standard or non-standard fees.

The developer must inform potential purchasers of the community lots in regards to the servicing arrangements and seek written agreement prior to settlement, as future alterations would be at full cost to the owner/applicant.

2. Payment of $ into the Planning and Development Fund ( allotment/s @ $ /allotment). Payment may be made by credit card via the internet at www.edala.sa.gov.au or by phone (7109 7018), by cheque payable to the Department of Planning, Transport and Infrastructure marked “Not Negotiable” and sent to GPO Box 1815, Adelaide 5001 or in person, by cheque or credit card, at Level 5, 50 Flinders Street, Adelaide.

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

Council’s particular attention is drawn to the comments by the Department of Planning, Transport and Infrastructure – Transport Services for this application, advising the recommended conditions be attached to any approval issued.

Council’s particular attention is drawn to the comments by Environment Protection Authority for this application.

IT IS ALSO REQUIRED THAT COUNCIL PROVIDE THE SCAP WITH:

a) the date on which any existing building(s) on the site were erected (if known); b) the postal address of the site; and c) a copy of its Decision Notification Form (via EDALA) pursuant to Regulations 60 (4) (b) ii and 44 respectively.

IT IS RECOMMENDED THAT THIS INFORMATION BE INCORPORATED INTO COUNCIL’S ADVICE WHEN REPORTING THAT THEIR REQUIREMENTS (IF ANY) HAVE BEEN FULLY SATISFIED.

Yours faithfully,

Biljana Prokic LAND DIVISION COORDINATOR – PLANNING SERVICES as delegate of the STATE COMMISSION ASSESSMENT PANEL

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REPORT REFERENCE: CAP050820 – 3.3 CITY OF MARION COUNCIL ASSESSMENT PANEL AGENDA FOR MEETING TO BE HELD ON WEDNESDAY 5 AUGUST 2020

Originating Officer: Andrew Houlihan Senior Development Officer - Planning

Applicant: Vicki Loud

Development Description: Change in land use from dwellings to office with associated internal alterations, car parking, landscaping, free standing advertising sign and relocation of existing garage for storage purposes

Site Location: 395 Cross Road, Edwardstown

Zone & Policy Area: Residential Zone / Marion Plains Policy Area 8

Lodgement Date: 11 June 2020

Development Plan: Consolidated – 15 August 2019 [gazetted 8 August 2019]

Statutory Referrals: Department of Planning, Transport & Infrastructure Schedule 8, Table 2, 3 (b)

Internal Referrals: Engineering - Stormwater (Internal) Engineering - Traffic (Internal)

Delegations Policy: Council Assessment Panel Delegations Policy 4.1.1

4.1.1 Non-complying applications – the Panel will decide to refuse the application or seek the concurrence of the State Commission Assessment Panel to approve the application

Kind of Development Non-complying

Categorisation Category 3

Application No: 100/2020/0615

Recommendation: That Development Plan Consent, Land Division Consent and Development Approval be GRANTED, subject to conditions and concurrence from the State Planning Commission.

Attachments

Attachment I: Certificate of Title Attachment II: Proposal Plans and supporting documentation Attachment III: External Agency Referral Comments

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SUBJECT LAND

The subject land is commonly identified as 395 Cross Road, Edwardstown, and formally identified as allotment in 146 as contained in Certificate of Title Volume 5100 and Folio 302. The allotment is rectangular in shape and is located on the south western corner of intersection of Cross Road and Pine Street.

The land comprises a total area of approximately 705 square metres and provides a 17.6 metre frontage to Cross Road and a 40.66 metre secondary road frontage to Pine Street. Vehicle access is obtained to from Cross Roads and Pine Street via existing crossovers.

The site currently contains a single storey building comprising of two residencies that provides a built form area of approximately 220 square metres. A number of small additions and domestic outbuildings are evident on site.

The site is level and there are existing vehicle manoeuvring arrangements and car parking associated with the residential use. The site further contains existing mature vegetation to the front and rear of the site.

The site is bound by low scale fencing at the Cross Road frontage and higher forms of standard domestic fencing around the remaining boundaries of the property. One regulated tree exists at the frontage of the site.

No easement or notations are registered on the Certificate of Title.

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LOCALITY

The subject land is located within the Residential Zone and Marion Plains Area 8. Cross Roads road is identified as a primary arterial road under the control of the Commissioner of Highways.

Directly surrounding the subject land are residential allotments where the established character is representative of older dwelling stock that depicts large allotments with single storey detached dwellings and associated outbuildings.

Further from the adjoining allotments are a range of dwelling types existing, including detached, semi-detached and group dwellings.

A commercial precinct lies on the northern side of Cross Road to the west and the southern side of Cross Road to the east. These Zones support a number of existing commercial land uses within the locality and greater metropolitan area. Both commercial areas are representative of a common form of strip development along major arterial roads and contain various commercial buildings and advertisements to support their uses. There are further examples of converted dwellings to the east including 381 Cross Road which has been converted to an office within the Residential Zone.

The locality has a mix of commercial and residential lands uses. However the locality is predominately residential in nature comprising of single storey detached dwellings with associated outbuildings on generous allotments.

The subject land and wider locality can be further viewed via this link to Google Maps.

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PROPOSED DEVELOPMENT

The proposal is best described as follows;

“Change in land use from dwellings to office with associated internal alterations, car parking, landscaping, free standing advertising sign and relocation of existing garage for storage purposes.”

The proposal comprises of the following;

 Conversion of the existing dwellings to an office;  Internal reconfiguration of rooms and layout within the existing building;  Relocation of the small shed/outbuilding to the rear (south) of the building to be used for ancillary storage purposes;  Six car parking spaces including one disabled space accessed from Pine Street and egress from the existing crossover point on Cross Road;  Disabled access ramp to the rear of the building;  Landscaping of the site;  An advertising display;  2 x Rainwater tanks;  The hours of operation of the office will be Monday to Friday 8 am- 5 pm and occasionally on Saturdays;  The maximum number of staff will be 4 full time and 1 part time;  Standard Council waste collection (3 bin system) will be utilised.

A Planning Report prepared by “Adelaide Planning & Development Solutions” form attachments to this report.

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PROCEDURAL MATTERS

Classification

The subject application is a Non-complying form of development by virtue of the Procedural Matters section of the Residential Zone, where an office with gross leasable area more than 150 square meters is listed as a Non-complying form of development.

Case law is relevant to the approach in determining gross leasable area as the total floor area of a building excluding public or common tenancy areas such as malls, verandahs or public toilets.

In Parabanks Shopping Centre Pty Ltd v The City of Salisbury the Court stated that the definition of “total floor area” makes it clear that it is not confined to areas which comprise a floor and it focuses instead upon the more general concept of “superficies of horizontal sections” at the level of each floor.

A gross leasable area is not required to have a floor of the type which is found inside buildings. Typically, a verandah will be paved by concrete, bitumen or tiles, and a verandah is considered to form part of the gross leasable area.

Internal areas within buildings can also contain floors which are paved by concrete or bitumen. The Court continued on to state that the areas occupied by walls would not sensibly be described as being floors but are explicitly required to be included in the calculation of total floor area.

Even though the floor area of the office is 148 square metres, the proposed development does not satisfy this exception as the gross leasable floor area of the office is greater than 150 square metres when including the verandah, portico and the storage building and therefore is a Non-complying kind of development.

Categorisation

Category 3 public notification was undertaken in accordance with Section 38(2)(c) of the Development Act 1993 to adjoining land owners and a notice in the Advertiser.

The proposal did not achieve the relevant requirements pursuant to Schedule 9 Part 1, 3 of the Development Regulations 2008 to be a minor Non-complying form of development.

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Public Notification

Properties Notified 17 Representations Nil Persons wishing to be heard Nil Applicant Response N/A

Referrals

Department of Planning, Transport and Infrastructure – Transport A copy of the referral response forms an attachment to this report.

Engineering - Traffic (Internal) The traffic engineer has reviewed vehicle manoeuvring and parking on site and this is discussed further in the report.

Coordinator – Stormwater (Internal):

Page 49 CAP050820

The stormwater engineer has reviewed the proposed stormwater arrangements and this is discussed further in the report.

ASSESSMENT

The assessment is split into two main sections:

1. Zone and Policy Area consideration, which considers relevant qualitative Zone and Policy Area Objectives, Desired Character and Principles of Development Control;

2. Assessment Discussion, which involves detailed discussion of pertinent matters.

Zone and Policy Area Considerations

Residential Zone Objectives Satisfies

1 An attractive residential zone comprising a range of dwelling types The proposal is considered to including a minimum of 15 per cent affordable housing. contribute towards an attractive residential zone as the existing 2 Increased dwelling densities in close proximity to centres, public and dwelling is maintained and the site is community transport routes and public open spaces. well landscaped.

Relevant Principles of Development Control Satisfies

1 The following forms of development are envisaged in the zone: The Residential Zone envisages small scale non-residential land uses  Small scale non-residential uses that serve the local community, for such as offices that serve the local example: community. The proposal is considered to remain small scale as - Offices only breaching the gross leasable 4 Non-residential development such as shops, offices and consulting area to a minor degree. rooms should be of a nature and scale that: (a) primarily serves the needs of the local community The nature and scale of the office is (b) is consistent with the character of the locality discussed further within the report. (c) does not detrimentally impact on the amenity of nearby residents. The office use is considered to primarily serve the needs of the local community.

The proposal is consistent with the character of the locality as the existing dwelling built form is maintained and there are a number of commercial developments in the locality that also front Cross Road.

Marion Plains Policy Area 8 Objectives Satisfies

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1 A policy area primarily comprising low scale, low to medium density Although the use is changing the housing. proposal seeks to maintain an existing residential building that 2 Development near industrial or commercial areas located and provides a low scale and low density designed to minimise potential adverse impacts from non-residential activities. environment.

3 Development that minimises the impact of garaging of vehicles on the The land use is unlikely to impede on character of the locality. existing residential or commercial land uses due to the low intensity and 4 Development densities that support the viability of community services scale of the land use. and infrastructure. The garage is to be relocated to the 5 Development that reflects good residential design principles. rear of the site and representative of

6 Development that contributes to the desired character of the policy common outbuildings found within the area. locality.

The development contributes to the desired character of the policy area detailed below. Desired Character Satisfies

This policy area encompasses established residential areas in the central The proposal is considered to be and northern parts of the City of Marion (north of Seacombe Road). relatively silent on commercial forms of development. The character of streetscapes varies throughout the policy area depending on the era of the original housing, but the prevailing character is derived from single-storey detached dwellings, with a range of other dwelling types The proposal achieves the desired scattered throughout. character statement by utilising the existing dwellings/built form as an The desired character is an attractive residential environment containing office which will maintain the low density dwellings, but at a higher density compared to that typical of residential character appearance of the original dwelling stock in the area. the site and locality.

The overall character of the built form will gradually improve, while the The change in land use will contribute range of dwelling types will increase to meet a variety of accommodation to an attractive residential needs. environment by enhancing existing Development should seek to promote cohesive streetscapes by landscaping to complement the incorporating designs that are sympathetic to the existing streetscape existing streetscape character. character, including complementary design features such as pitched roofs, eaves, front verandahs/porches and building materials. The development does not involve the removal of any mature street Buildings of up to two storeys are appropriate, provided that the additional trees. height and bulk does not adversely impact upon the amenity of adjacent land and the locality. Further discussion is located within

Buildings that present plain box-like built forms and limited detailing are the Assessment Discussion of this generally inappropriate. report.

Where a new building is built adjacent original dwelling stock, a lesser setback from the primary road frontage is anticipated, provided that the new building is designed to complement the existing streetscape character with regard to building design, articulation, roof form, materials and landscaping.

Development will be interspersed with landscaping, particularly between the main road frontage and the building line, to enhance the appearance of buildings from the street, provide an appropriate transition between the public and private realm and reduce heat loads in summer. Low and open- style front fencing will contribute to a sense of space between buildings.

Amalgamation of properties is desirable where it will facilitate appropriately designed low-to-medium density development.

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Development should not result in the removal of mature street trees in a road reserve that contribute positively to the landscape character of the locality.

Relevant Principles of Development Control Satisfies

6 Development that contributes to the desired character of the policy area. Please refer to the assessment of the desired character below

The proposal is considered to satisfy all of the relevant Zone and Policy Area considerations listed above. More pertinent qualitative matters, including the Desired Character, are discussed further within the Assessment Discussion below.

Assessment Discussion

The following matters are considered most pertinent to assessment of the Application.

 Desired Character  Interface between Land Uses  Transportation and Access  Advertisements  Design and Appearance  Landscaping, Fences and Walls  Water Sensitive Design

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––-

Desired Character

The proposal is an envisaged form of development within the Residential Zone and consistent with delivering a commercial development of a scale and nature that primarily services the needs of the local community.

The development is consistent with the nature of Cross Road as a main commercial and residential corridor that plays an important role in servicing the local neighbourhood and greater metropolitan area.

Overall, the proposed use and retention of the existing building and landscaping are sympathetic to the existing streetscape character and use of land within the locality. The proposed development maintains a low density residential environment and is considered to satisfy the Policy Area’s Desired Character.

Interface between Land Uses

The Development Plan has a number of provisions to assess if the development will detrimentally affect the amenity of the locality or cause unreasonable impacts. The Development Plan further seeks development to be designed and sited to minimise negative impacts on existing and potential future land uses considered appropriate in the locality and that development is designed and sited to minimise negative impacts to an unreasonable level. These impacts include;

 the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants;  noise;  vibration;  electrical interference;

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 light spill;  glare;  hours of operation; and  traffic impacts.

Noise and Operation Hours

Noise is closely linked to operation hours, activities occurring on site and any existing site/building features that will limit the impact of noise on adjoining land uses.

The planning report provided by the Applicant details that the facility proposes to operate between 8.00am and 5.00pm Monday to Friday and on the occasional Saturday. The report further states that during this period the facility will require a maximum of five (5) staff. The hours of operation are considered modest and standard office hours. Given that all activities occur inside the building the noise from the premises is expected to be low.

A number of additional site and building features are considered to limit the noise intrusion to adjoining land uses including;

 The setback of the development from adjoining dwellings via the expanse of car parking and vehicle manoeuvring areas;  The vegetation proposed on the site to act as an acoustic buffer;  The height and location of existing fencing to act as an acoustic buffer;  Restricting the times for rubbish collection and deliveries to the site to normal collection services; and  The use of existing access, vehicle manoeuvring arrangements and car parking areas are not seen to create detrimental noise issues on the locality;  The location of the property on two road frontages acting as a buffer from residential land uses.

Emissions and Vibration

The nature of the land use is such that activities will not generate the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants to any significant degree.

Lighting and Glare

The Applicant has indicated that no changes to external lighting are proposed, therefore light spill and glare is considered to be maintained to a satisfactorily level. A condition is recommended to ensure that light spill is appropriately managed.

Waste Management

Given the benign nature of the land use the development will utilise Council pickup services. Waste generated onsite and deliveries to/from the site will be infrequent and minimal.

Conclusion

Accordingly, with the existing and proposed measures in place, the operation hours, and types of activities occurring on site, the likely impact on adjoining residential amenity is considered to be acceptable. I am satisfied that the noise impacts will not cause unreasonable interference and conflict between the subject site and the adjacent residential and commercial land uses. A number of conditions have been included in the recommendation to limit noise emanating from the site.

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Traffic Impacts are discussed in more detail below.

Transportation and Access

The relevant Transport and Access Objectives in the General Section of the Development Plan require access and car parking to be safe, efficient and convenient without any adverse impact on existing road networks or the amenity of the locality.

The development seeks to utilise the access point from Pine Street and the existing egress point to Cross Road. All vehicles will access the site from Pine Street and egress to Cross Road to support appropriate vehicle movements through the site.

Site access and egress is considered to be safe and convenient given that the subject land is connected to an all-weather public road and will contain access and egress points to appropriately disperse traffic and pedestrian movements.

The car park is appropriately sealed and landscaped, with all car parking spaces and manoeuvring areas consistent with relevant Australian Standards.

Table Mar/2 of the Development Plan requires an off street car parking rate of:

 4 per 100 square metres.

The development provides a total 6 car parking spaces and therefore is considered to achieve the required car parking numbers.

The development further achieves relevant transportation and access provisions for the following reasons;

 All movements into and out of the site will be able to be undertaken in a forward direction;  The parking areas and associated access points will comply with relevant Australian Standards;  A turn path assessment demonstrates vehicles to enter and exit the site in a forward motion and appropriate turn movements;  No detrimental impacts of the development on the adjacent road network or car parking demand in the street would result due to the low intensity use;  An appropriate level of car parking is provided for the use;  The disabled car parking space is located close to the rear entrance and proposed disability access ramp;  The car parking areas are separated to reduce the visual impact on car parking across the site. With limited car parking at the font of the site within a landscaped area;  Existing foot paths provide pedestrian access to the front and rear of the site;  Limited impact on the safety of pedestrian’s in the car parking areas due to the low speed environment.

Council’s traffic engineer has reviewed the proposal and is satisfied the development achieves relevant transportation and access provisions.

The Department of Planning, Transport and Infrastructure – Traffic Safety has also reviewed the proposal as part of the statutory referral process. The department supports the development subject to Council including recommended conditions. A copy of the referral response is provided as an attachment to this report and the recommended conditions have been paced within the recommendation of this report.

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On the basis of the above the development achieves the relevant Council Wide Transportation and Access provisions.

Advertisements

One freestanding advertising sign is proposed within the site on the corner of Cross Road and Pine Street. The sign will provide a total height of 2.1m and a signage area of 1.2m x 1.8m totalling 2.16sqm. The 900 millimetre lower portion will remain open.

The relevant advertisement provisions focus on determining if the location, along with siting, design, materials, size and shape of the advertising hoarding is appropriate. In addition, the advertising should not create a safety hazard for vehicles and pedestrians. Advertising signage should also relate to the use of the land and be located within the site and not create clutter or disfigure the urban environment.

The development achieves this by modestly incorporating the signage at the front of the site within a landscaped area. The sign is wholly located within the allotment boundaries and is consistent with displaying information relating to the proposed legitimate use of the buildings.

The advertising is considered consistent with the character of the urban landscape and signage that is typically expected for commercial allotments on a primary arterial road.

The static form, siting and nom-illumination of the advertising is not considered to impede or compromise safety or create a hazard to traffic or pedestrians.

The proposed advertising is considered to comply with the relevant Council Wide Advertisement provisions.

Design and Appearance

The relevant council wide design and appearance provisions seek that development is of a high design standard and appearance that responds to and reinforces the positive aspects of the local environment and built form. Buildings should reflect the desired character of the locality while incorporating contemporary designs that have regard to a number of elements including, building height, mass and proportion, external materials, patterns, colours and decorative elements, roof form and pitch along with façade articulation.

Although much of the building is remaining unchanged, the retention of the existing features and new elements are considered to satisfy good urban design outcomes.

The building maintains direct frontage and a primary orientation to Cross Road that maintains emphasis on the existing pedestrian point to provide perceptible and direct access.

The development further achieves a number of design provisions by creating a frontage that continues to provide activity and interest to passing pedestrians by orientating the active parts of the building to the street, providing legible entrances and by providing views into and out of the building through the use of transparent glass that also supports passive surveillance.

The proposal continues to contribute to the residential character of the locality by utilising the existing building and ancillary structures. The proposal will further complement the Cross Road and Pine Street environment and sit comfortably within the existing streetscape with appropriate siting of car parking areas, and landscaping in keeping with the predominately residential character of the locality and relevant design and appearance provisions.

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The proposed alterations and additions to the building are considered to comply with the relevant Council Wide Design and Appearance Provisions.

Landscaping, Fences and Walls

The Council Wide Landscaping, Fences and Walls provisions detail that the amenity of land and development should be enhanced with appropriate planting and other landscaping including functional fences and walls that enhance the attractiveness of the development.

The Applicant has provided a landscape plan that includes retention of existing larger trees and the introduction of additional landscaping of the site. The landscaping proposed satisfies relevant provisions by;

 Complementing the built form and reducing the visual impact of the building and car parking area at the front of the site.  Enhancing the appearance of road frontages;  Screening service yards, loading areas and outdoor storage areas;  Providing shade and shelter;  Resulting in the appropriate clearance from power lines and other infrastructure;  Not unreasonably restricting solar access to adjoining development;  A single approach to landscaping across the site;  Not removing opportunities for passive surveillance.

The existing regulated tree is to be retained at the front of the site with the small introduction of permeable paving within the tree protection zone. The proposed works within the tree protection zone are unlikely to cause a tree damaging activity and appropriate conditions have been recommended as part of this report.

The proposed level of landscaping is considered to satisfactorily achieve the relevant Council Wide Landscaping, Fences and Walls provisions.

Water Sensitive Design

The relevant natural resources provisions within the development plan seek development to be designed to maximise conservation, minimise consumption and encourage re-use of water resources.

Stormwater is managed on site by directing all roof water to proposed retention tanks at the rear of the site for reuse. The surface of car parking areas will utilise permeable paving for any existing unsealed areas to assist with stormwater management and permeability.

Council’s Development Engineer has reviewed the proposed development and is satisfied that stormwater management is appropriately designed.

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CONCLUSION

When assessed against the relevant provisions of the Development Plan and having regard to the context of the locality and the nature of the proposed development, it is considered that the proposal reasonably accords with the provisions of the Development Plan.

The repurposing of an existing residential building for office use and inclusion of complementary landscaping is considered to maintain the character of the locality.

The proposal does exceed the maximum gross leasable area envisaged by the Development Plan due to the inclusion of the minor ancillary structures such as the garage, verandah and portico. However on balance the proposal is considered to be of small scale and of a nature envisaged by the Zone.

The support for this development lies heavily on the interface between the proposed office use and the adjoining residential land uses, particularly whether it is considered to be reasonable and acceptable. This relies heavily on whether the impacts on the amenity of the nearby residential properties are minimal and can be appropriately managed.

The intended land use, operation hours, frequency of vehicle movements, intensity of use and configuration of the site is not considered to result in a detrimental impact on residential amenity within the locality or provide a development that is out of character with the existing scale of development in the locality or the existing streetscape.

It is considered that the application is not ‘seriously at variance’ with the Marion Council Development Plan and that the development exhibits sufficient merit when assessed on balance against the relevant Objectives and Principles to warrant Development Plan Consent subject to conditions and the State Planning Commission.

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RECOMMENDATION

Having considered all relevant planning matters in relation to the subject development application:

(a) The Panel note this report and concur with the findings and reasons for the recommendation;

(b) The Panel concur that the proposed development is not seriously at variance to the Marion Council Development Plan, in accordance with Section 35 (2) of the Development Act 1993; and

(c) That Development Plan Consent for the Change in land use from dwellings to office with associated internal alterations, car parking, landscaping, free standing advertising sign and relocation of existing garage for storage purposes, of Development Application No: 100/2020/0615 at 395 Cross Road, Edwardstown, subject to the following conditions and concurrence from the State Planning Commission.

CONDITIONS

1. Except where minor amendments may be required by other relevant Acts, or by conditions imposed by this application, the development shall be undertaken in strict accordance with the details and plans submitted in Development Application No. 100/2020/0615 except where varied by the following conditions of consent.

2. The hours of operation of the premises shall be restricted to the following times:

8.00am to 5.00pm seven (5) Monday to Saturday.

3. All deliveries to and from the site shall be restricted to the following times: Monday to Friday (excluding public holidays) – 7am to 7pm, Weekends and Public Holidays – 9am to 7pm.

4. Noise generated from the site shall not exceed the maximum noise levels stipulated within the Environment Protection (Noise) Policy 2007, or subsequent legislation.

5. All waste and other rubbish shall be stored in a manner so that it does not create insanitary conditions, unreasonable nuisance or pollution to the environment (including the prevention of any materials entering the stormwater system either by wind or water), to the reasonable satisfaction of Council.

6. Driveways, car parking spaces, manoeuvring areas and landscaping areas shall not be used for the storage or display of any goods, materials or waste at any time.

7. All car parking areas, driveways and vehicle manoeuvring areas must be constructed, sealed and drained in accordance with recognised engineering practices prior to the occupation of the premises or the use of the development herein approved and maintained in a good condition at all times.

8. All car parking spaces shall be linemarked or delineated in a distinctive fashion prior to occupation of the premises, with the marking maintained in a clear and visible condition at all times.

9. The driveways, parking areas and vehicle manoeuvring areas must be maintained in a good condition at all times.

Page 58 CAP050820

10. All external lighting of the site, including car parking areas and buildings, shall be located, directed, shielded and of an intensity not exceeding lighting in adjacent public streets, so as not to cause nuisance or loss of amenity to any person beyond the site to the reasonable satisfaction of the Council.

11. Lighting associated with the signs shall be of an intensity that will not cause an unreasonable light overspill nuisance to adjacent occupiers, or be an undue distraction to motorists, to the reasonable satisfaction of the Council.

12. All stormwater from buildings and paved areas shall be disposed of in accordance with the approved plans and details prior to the occupation of the premises to the reasonable satisfaction of the Council.

13. Stormwater must be disposed of in such a manner that does not flow or discharge onto land of adjoining owners, lie against any building or create insanitary conditions.

14. All areas nominated as landscaping or garden areas on the approved plans shall be planted and maintained prior to the occupation of the premises to the reasonable satisfaction of the Council.

15. Any existing vegetation nominated to be retained and/or any new vegetation proposed to be planted shall be nurtured and maintained in good health and condition at all times with any diseased or dying plants being replaced, to the reasonable satisfaction of the Council.

16. All existing regulated and significant trees within the subject site not directly affected by site work and building work must be protected during development and retained. Prior to any earthworks on the site, fencing must be erected around the base of the trees to be retained.

17. Prior to commencement of any site works, a “Tree Protection Area”, consisting of a 2.0m high solid, chainmesh, steel or similar material fence with posts at 3m intervals, shall be erected at a distance of equal to the tree root protection zone. The tree protection fence should be erected away from the trunk of the tree to be retained. A sign displaying the words “Tree Protection Area” shall be placed on the fence and no persons, vehicles or machinery shall enter the Area and no goods, materials or waste shall be stored within the Area until after construction is complete. A layer or organic mulch (woodchips) to a depth of 100mm shall be placed over all root systems within the Area to assist with moisture retention and to reduce impact of compaction and supplementary watering shall be provided through any dry periods during the construction process.

Department of Planning, Transport and Infrastructure Conditions

1. All vehicular access shall be gained via in accordance with the Site Plan produced by Verrocchi Building Design, Drawing No. 02, Rev. No. E, dated 11 June 2020.

2. All vehicles shall enter the site via Pine Street and exit the site via Cross Road only.

3. All off-street car parking shall be designed in accordance with AS/NZS 2890.1:2004 and AS/NZS 2890.6:2009.

4. All on-site vehicle manoeuvring areas shall remain clear of any impediments.

Page 59 CAP050820

5. Stormwater run-off shall be collected on-site and discharged without jeopardising the integrity and safety of Cross Road. Any alterations to the road drainage infrastructure required to facilitate this shall be at the applicant’s cost.

Page 60 Product Register Search (CT 5791/882) Date/Time 28/04/2020 11:14AM Customer Reference 100/2020/615 Order ID 20200428003309

The Registrar-General certifies that this Title Register Search displays the records maintained in the Register Book and other notations at the time of searching.

Certificate of Title - Volume 5791 Folio 882 Parent Title(s) CT 1769/66 Creating Dealing(s) CONVERTED TITLE Title Issued 24/07/2000 Edition 5 Edition Issued 18/02/2020 Estate Type FEE SIMPLE Registered Proprietor PUGLEY PROPERTY PTY. LTD. (ACN: 638 422 983) OF 109 KINGSTON AVENUE MELROSE PARK SA 5039 Description of Land ALLOTMENT 146 FILED PLAN 9173 IN THE AREA NAMED EDWARDSTOWN HUNDRED OF ADELAIDE Easements NIL Schedule of Dealings Dealing Number Description 13253417 MORTGAGE TO COMMONWEALTH BANK OF AUSTRALIA (ACN: 123 123 124) Notations Dealings Affecting Title NIL Priority Notices NIL Notations on Plan NIL Registrar-General's Notes NIL Administrative Interests NIL

Land Services SA Page 61 Page 1 of 2 Copyright: www.landservices.com.au/copyright | Privacy: www.landservices.com.au/privacy | Terms of Use: www.landservices.com.au/sailis-terms-of-use Product Register Search (CT 5791/882) Date/Time 28/04/2020 11:14AM Customer Reference 100/2020/615 Order ID 20200428003309

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ABN 55910297825 Adelaide Planning & Development Solutions Pty Ltd I Town Planning Specialists l Planning Private Certifiers e: [email protected] I ph: 0499933311 I w: www.adelaideplanning.com.au

Development Application Form

APPLICATION TYPE

Planning Consent ONLY X Building Consent ONLY or/ Schedule 1A  Planning Consent & Building Consent (Development Approval) 

LOCATION OF PROPOSED DEVELOPMENT

House No: 395 - 397 Cross Rd, Edwardstown

Section No. [full/part] Hundred: Volume: Folio:

DESCRIPTION OF PROPOSED DEVELOPMENT:

Change in use of land from dwellings to office with ancillary carparking, landscaping and relocation of existing garage for parking

DEVELOPMENT COST: $ 85,000

APPLICANT DETAILS

Given Names: Vicki and Lindsay Loud

Phone: 8371 0228

Email Address: [email protected]

Postal Address: 639 South Road, Black Forest

OWNER DETAILS

Given Names: As above

Phone:

Email Address:

Postal Address:

BUILDER DETAILS

Builders Name: To Be Advised

Postal Address:

CONTACT PERSON FOR ALL INFORMATION

Given Names: Mark Kwiatkowski, Adelaide Planning and Development Solutions

Phone: (m) 0499933311 Email Address: [email protected]

Postal Address: 35 Pinnacle Crescent, Flagstaff Hill SA 5159

Page 63 BUILDING RULES CLASSIFICATION

Sought: ______Present: ______

If Class 5, 6, 7, 8 or 9 classification is sought, state the proposed number of employees: Male: ______Female:______

If Class 9a classification is sought, state the number of persons for whom accommodation will be provided: ______

If Class 9b classification is sought, state the proposed number of occupants of the various spaces at the premises:___

LAND DETAILS

Current land use: (e.g. dwelling, commercial) Residential Are there any easements? Yes  No X Are there any regulated/significant trees on the land or adjacent land? Yes  No X Is there a brush fence within three (3) metres of any proposed building works? Yes  No X

POWER DECLARATION

I, Mark Kwiatkowski being the agent for the development described herein, declare that the proposed development will involve the construction of a building which would, if constructed in accordance with the plans submitted, not be contrary to the regulations prescribed for the purposes of Section 86 of the Electricity Act 1996. I make this declaration under Clause 2A (1) of Schedule 5 of the Development Regulations 1993. Note: A Building Safety near Power lines brochure has been prepared by the Technical Regulator to assist applicants and other interested persons. Hard copies of this brochure are available from councils and the Office of the Technical Regulator. The brochure and other relevant information can also be found at www.technicalregulator.sa.gov.au.

Signature:

Name: Mark Kwiatkowski, Adelaide Planning and Development Solutions

Date: 21/04/2020

I, Mark Kwiatkowski being the agent for the development prescribed herein acknowledge that all copies of this application and supporting documentation may be provided to interested persons in accordance with the Development Regulations, 1993 and where public notification is required may be made available on Council’s website. Details provided by the applicant, written representations and other technical reports form part of the reports attached to Council agendas. The agenda, minutes and accompanying report is made available on Council’s website. Information, including names and addresses recorded in these documents can therefore be searched by the various website search engines.

Signature:

Name: Mark Kwiatkowski, Adelaide Planning and Development Solutions

Date: 21/04/2020

As Authorised Person / Agent 

Page 64

Andrew Houlihan Senior Development Officer - Planning City of Marion

Dear Andrew

Applicant: Vicki and Lindsay Loud Location: 395 - 397 Cross Rd, Edwardstown Proposal: Change in use of land from dwellings to office with ancillary carparking, landscaping and relocation of existing garage for parking

Adelaide Planning and Development Solutions (APDS) has been instructed by the Applicant Vicki and Lindsay Loud to assist in the preparation, assessment and lodgement of a development application for the Change in use of land from dwellings to office with ancillary carparking, landscaping and relocation of existing garage for parking

Please find enclosed the development application information prepared for the proposal as follows:

• A Development Application form with a Technical Regulator consent form; • Electronic copies of the plans, (Site plan, elevations); and • Supporting planning statement prepared by APDS.

Please invoice for the certificate of title for the subject land.

Can you please provide a fee schedule for the application to the Applicant at the below address or email address: [email protected]

Vicki and Lindsay Loud 639 South Road, Black Forest

Please also send a copy to [email protected] for my records.

If you have any further questions regarding this application or require additional information, please contact me on 0499 933 311.

Regards

Mark Kwiatkowski MPIA CPP Director + Principal Urban Planner

ABN 55 289 434 618 Planning & Development Solutions Pty Ltd I Town Planning Specialists l Planning Private Certifiers e: [email protected] I ph: 0499933311 I w: www.adelaideplanning.com.au Page 65

PLANNING STATEMENT OF EFFECT

CHANGE IN USE OF LAND FROM DWELLING TO OFFICE WITH ANCILLARY SIGNAGE, CARPARKING, LANDSCAPING, FREESTANDING SIGN AND RELOCATION OF EXISTING GARAGE FOR STORAGE

395 - 397 CROSS RD, EDWARDSTOWN

Prepared for Vicki and Lindsay Loud

Report prepared by Adelaide Planning & Development Solutions PTY LTD

Contact Mark Kwiatkowski

Telephone 0499933311

Email [email protected]

Page 66

STATEMENT OF EFFECT

Lead Consultant ADELAIDE PLANNING AND DEVELOPMENT SOLUTIONS PTY LTD

In association with VEROCCHI BUILDING DESIGN

Document History and Status

Version Date Author

V 1.0 June 2020 Mark Kwiatkowski, APDS

This report has been prepared for APDS’ client. APDS and its associated consultants are not liable to any person or entity for any damage or loss that has occurred, or may occur, in relation to that person or entity taking or not taking action in respect of any representation, statement, opinion or advice referred to herein.

APDS – www.adelaideplanning.com.au

ABN 55910297825 Adelaide Planning & Development Solutions Pty Ltd I Town Planning Specialists l Planning Private Certifiers e: [email protected] I ph: 0499933311 I w: www.adelaideplanning.com.au Page 67

1.0 Application Overview

Applicant Vicki and Lindsay Loud

Address 395 - 397 Cross Rd, Edwardstown

Description of land CT 5791/882, 5857/793

Site area 705 square metres

Development Plan Marion Council Development Plan Consolidated 15 August 2019

Zone Residential Zone

Policy Area Marion Plains Policy Area 8

Maps MAP Mar/3

Existing Land Use Residential – semi-detached dwellings

Development proposal Change in use of land from dwellings to office with ancillary carparking, landscaping, freestanding sign, and relocation of existing garage for storage

Public notification Category 3

Referrals DPTI

Relevant Authority Marion Council

2.0 Introduction and Background

This Statement of Effect has been prepared by Adelaide Planning and Development Solutions (APDS)) on behalf of Vicki and Lindsay Loud.

Pursuant to Maps Mar/3, the subject land is located within the Marion Plains Policy Area 8of the Residential Zone of the Marion Council Development Plan Consolidated 15 August 2019.

The procedural matters table of the Residential Zone states:

Development (including building work, a change in the use of land, or division of an allotment) for the following is non-complying:

Office - Except where the gross leasable floor area is less than 150 square metres.

Case law relevant to the approach in determining gross leasable area (the total floor area of a building excluding public or common tenancy areas such as malls, verandahs or public toilets)

In Parabanks Shopping Centre Pty Ltd v The City of Salisbury The Court stated that the definition of “total floor area” makes it clear that it is not confined to areas which comprise a floor and it focuses instead upon the more general concept of “superficies of horizontal sections” at the level of each floor. A gross leasable area is not required to have a floor of the type which is found inside buildings. Typically, a verandah will be paved by concrete, bitumen or tiles, and a verandah is contemplated as forming part of the gross leasable area as defined. Internal areas within buildings can also contain floors which are paved by concrete or bitumen. The Court continued on to state that the areas occupied by walls would not sensibly be described as being floors but are explicitly required to be included in the calculation of total floor area.

Even through the floor area of the office is 148 square metres, the proposed development does not satisfy this exception as the gross leasable floor area of the office is greater than 150 square metres when including the verandah and the storage garage and therefore is a non-complying application.

This statement constitutes a statement of effect as required by Section 39(2) (d) of the Development Act 1993, and Regulation 17(5) of the Development Regulations 2008 for a non-complying form of development.

In preparing this Statement of effect, I can confirm that I have reviewed the proposal plans prepared by Verrocchi Building Design along with the most pertinent provisions of the Marion Council Development Plan Consolidated 15 August 2019.

I have also inspected the subject land and locality.

3.0 Subject Land and Locality

3.1 Subject Land

Figure 1 Subject land identified in blue

The subject land is located at 395 – 397 Cross Road, Edwardstown.

The subject land is a corner allotment with a site area of 705 square metres with a frontage to Cross Road of 17.6 metres and a frontage of 40.66 metres to Pine Street.

A single storey semi-detached dwelling is contained on the subject land site with the private open space to the rear of the allotments.

Vehicle Access to the site is from the existing crossover in the north western corner of the site allowing access along the western side of the subject land from Cross Road.

The site is relatively flat in topography and contains limited vegetation, none of which is regulated.

The subject land has connection to all services (power, water, electricity, telephone).

3.2 Locality

Figure 2 Locality Plan

The locality consists of both two distinct characters, one of a commercial nature associated with the Commercial Zone along with interspersed examples of converted dwellings amongst residential dwellings within the Residential Zone.

The allotments to the north, west and south of the subject land within the Residential Zone consist predominately of single storey detached dwellings with outbuildings on medium allotments and residential flat buildings used for predominately residential purposes with recent examples of infill development. Allotments generally are void of mature vegetation.

A mix of commercial uses are located to the east on the southern side of Cross Road in in the commercial Zone. There are examples of converted dwellings to the east including 381 Cross Road which has been converted to an office.

The amenity level of the locality is considered to be medium to low principally due to the existing mix of land uses in the Residential Zone and Commercial Zone in addition to the traffic volumes on Cross Road when compared with a traditional residential environment.

4.0 Planning Assessment

4.1 Nature of Development

The application seeks the change in use of land from dwellings to office with ancillary carparking, landscaping, freestanding sign, and relocation of existing garage for storage at 395 – 397 Cross Road, Edwardstown.

More specifically, the proposal includes:

• Retention of the existing dwelling to be converted into an office including internal alterations and demolition. The floor area of the office building including the verandah and porch is 170 square metres and a garage with an area of 24.48 square metres (194.82 square metres). • Parking for six spaces including one disabled space accessed from Pine Street and egress from the existing crossover point to Cross Road. • The garage will be used for storage by the owner. • Disabled access ramp to the rear of the building. • Landscaping to the site. • The number of staff will be 4 full time (working 5 days a week) and 1 part time, • Internal alterations to the building to create offices with kitchen and amenities • The hours of operation of the office will be Monday to Friday 8 am- 5 pm

4.2 Kind of Development

Pursuant to Maps Mar/3, the subject land is located within the Marion Plains Policy Area 8of the Residential Zone of the Marion Council Development Plan Consolidated 15 August 2019.

The procedural matters table of the Residential Zone states:

Development (including building work, a change in the use of land, or division of an allotment) for the following is non-complying:

Office - Except where the gross leasable floor area is less than 150 square metres.

The proposed development does not satisfy this exception as the gross leasable floor area of the office and garage is greater than 150 square metres (combined area of 194.82 square metres) and therefore is a non-complying application.

In preparing this Statement of Effect, I can confirm that I have reviewed the proposal plans prepared by Beyond Ink along with the most pertinent provisions of the Adelaide Hills Council Development Plan Consolidated 8 August 2019.

I have also inspected the subject land and locality.

4.3 Development Plan Assessment

We have considered the most relevant provisions of the Zone with respect to their intent as well as the relevant general section provisions.

As noted previously, the subject land is located within the Residential Zone.

The Residential Zone contemplates a range of small scale non-residential land uses and sets a gross leasable floor area for offices at 150 square metres as a merit based assessment.

The primary consideration for this proposal is the potential impact on the Zone’s Objectives, which seek predominately residential development with small scale non-residential development, but also encourages limited non-residential development which is undertaken in a manner that minimises adverse impacts on residential amenity and character.

In my view the proposal is acceptable when balanced against all the relevant provisions of the Development Plan and the overall intent of the zone and current operations from the subject land. This will be explored within the content of this report.

4.3.1 Residential Zone / Marion Plains Policy Area 8 – Land Use

The Desired Character Statement of the Residential Zone anticipates non-residential use in a manner that minimises adverse impacts on residential amenity and character.

Principles of Development Control 1, 3 and 4 of the Residential Zone nominate the types of land uses that are considered acceptable within the zone - small scale non-residential land uses such as offices are listed as appropriate land uses so long as the use is of a nature and scale that serves the local community, is consistent with the character of the locality and does not detrimentally impact on the amenity of nearby residents.

As aforementioned, the proposal is for the change in use of land from dwelling to offices with ancillary carparking and landscaping.

The office and storage shed will result in an area greater than 150 square metres with a combined floor area including garage and porches / verandahs results in a combined floor area of 194.82 square metres.

The nature of the activities proposed is of a small scale in that the offices will operate between the hours of 8 am to 5 pm Monday to Friday. The office may be used by the owners infrequently on Saturdays.

The proposed office will be relocating from the current tenancy of the business which is located on the South Road.

Some assistance in determining what might constitute small scale development is able to be determined from a decision of the ERD Court in Wilcocks v City of Whyalla and Anor (2009) SAERDC 79, which involved a gymnasium, and beauty salon additions to and existing café in a residential zone, and in which the Court states:

‘when these provisions are read together, it becomes clear that the planning authority has foreshadowed in its policy intent for the Residential Zone, a flexible approach to land use planning. The desired character of the Residential Zone not only includes a range of dwelling types, but also explicitly a range of small-scale non-residential land uses. When Principles 1 and 2 are read together, the type of uses the authors of the Plan deems to be small scale non-residential land uses are generally not insignificant in their floor area. Nor on that basis alone would the number of vehicles likely to be generated by such uses be so immaterial as to be unnoticed.’

It is expected that the proposal will have a close relationship and attract many of its clients from the local community noting that that the facility will attract clients from further afield which are likely to use to the services offered by the proposal. On this issue, the ERD Court in Wilcock stated

‘The fact that a facility might attract clients from afar doesn’t no, by that fact alone, define the area it serves and therefore the level at which it functions. There are many local services that come to mind that often service principally the local community but, for a variety of reasons (for example client loyalty, personal records, friendships, and past associations) they often attract clients from distant places. Small suburban based medical practitioners, hairdressers, child minding services and accountant would be among the many examples.’

The scale of the development on the subject land is in keeping with the adjoining residential properties as it proposes to utilise the existing residential building and utilises the existing fenced off area for carparking. Further, the proposal will utilise the existing access point to Cross Road. When viewed from Cross Road or Pine Street the site will still present as a dwelling.

Minimal building work is to be undertaken to the main building other than construction of the car parking facilities, access ramp and landscaping.

In this respect, whilst being non complying, I would consider that the proposed change in use to an office with ancillary carparking, and landscaping is considered to be of a small scale, which will serve the local and wider locality and to be consistent with the desired Character and Principle of Development Control 1, 3 and 4 of the Residential Zone as they relate to non-residential land uses.

On this basis, the proposed change in use to office including associated car parking and landscaping is considered to be of a nature and scale that it will not detrimentally impact on the amenity of adjoining and nearby residents and is considered suitable.

4.3.2 General Section - Crime Prevention

Objective 1 A safe, secure, crime resistant environment where land uses are integrated and designed to facilitate community surveillance.

Principle of Development Control 1 Development should be designed to maximise surveillance of public spaces through the incorporation of clear lines of sight, appropriate lighting, and the use of visible permeable barriers wherever practicable.

Principle of Development Control 2 Buildings should be designed to overlook public and communal streets and public open space to allow casual surveillance.

With regard to the above Objective and Principles of Development Control, the design of the proposal provides is for an office which will allow casual surveillance from users and traders on the site during operating hours. The location of existing buildings and parking areas and open nature of the building layout on the site allows for clear sightlines though the site.

Principle of Development Control 3 Development should provide a robust environment that is resistant to vandalism and graffiti.

The current building presents as a robust environment that is resistant to vandalism and graffiti and will withstand normal use. The existing site conditions and existing building layout minimise areas for vandalism and graffiti. In any event, should the buildings be vandalised, this would be immediately removed from the site by the tenant.

Principle of Development Control 4 Development should provide lighting in frequently used public spaces including those:

(a) along dedicated cyclist and pedestrian pathways, laneways, and access routes (b) around public facilities such as toilets, telephones, bus stops, seating, litter bins, automatic teller machines, taxi ranks and car parks.

Principle of Development Control 5 Development, including car park facilities should incorporate signage and lighting that indicate the entrances and pathways to, from and within sites.

The proposed hours of operation will not necessitate the need for additional lighting to the site. Should this be required, then all lighting will be undertaken to ensure compliance with AS 4282-1997 Control of the obtrusive effects of outdoor lighting which can be conditioned accordingly.

Principle of Development Control 6 Landscaping should be used to assist in discouraging crime by:

(a) screen planting areas susceptible to vandalism (b) planting trees or ground covers, rather than shrubs, alongside footpaths (c) planting vegetation other than ground covers a minimum distance of 2 metres from footpaths to reduce concealment opportunities.

Principle of Development Control 7 Buildings and street addresses should be easily identified to assist orientation.

The areas surrounding the existing building will allow for the site to be easily identified and the landscaping proposed will enhance the appearance of the site minimising concealment opportunities in keeping with the intent of the above Principle of Development Control.

Principle of Development Control 9 Public toilets should be located, sited, and designed:

(a) to promote the visibility of people entering and exiting the facility (e.g. by avoiding recessed entrances and dense shrubbery that obstructs passive surveillance) (b) near public and community transport links and pedestrian and cyclist networks to maximise visibility.

The toilets associated with office will be located within the building and will not create any safety issues in accordance with the intent of the above Principle of Development Control.

Principle of Development Control 10 Development should avoid pedestrian entrapment spots and movement predictors (e.g. routes or paths that are predictable or unchangeable and offer no choice to pedestrians).

The design of the existing building provides large windows which address to the primary frontage of the building to Cross Road which allows for clear sightlines though the site allowing for casual surveillance. The entrance to proposed office is easily identifiable to maximise opportunities for observing people entering or exiting a site and have been designed to allow optimum natural surveillance of all entrances and surrounds. Further the range of hours associated with the use on the site will ensure casual/informal surveillance of the site during operating hours.

It is considered the current design of the proposal therefore satisfies the intent of the above Principles of Development Control relating to Crime Prevention.

4.3.3 General Section - Design and Appearance

The following Objectives and Principles of Development Control relate to the design and appearance of the proposal.

Objective 1 Development of a high design standard and appearance that responds to and reinforces positive aspects of the local environment and built form.

Objective 2 Roads, open spaces, paths, buildings, and land uses laid out and linked so that they are easy to understand and navigate.

The proposal satisfies the above Objectives relating to design and appearance in that it utilises the existing building on a large site which provides a high standard of design using a range of colours and materials complimenting the built form in the immediate and wider locality. The proposed use will not visually impact on the existing local environment and the building sits comfortably within the existing streetscape with appropriate siting and landscaping in keeping with the intent of the Zone.

Principle of Development Control 1 Buildings should reflect the desired character of the locality while incorporating contemporary designs that have regard to the following:

(a) building height, mass, and proportion (b) external materials, patterns, colours, and decorative elements (c) roof form and pitch (d) façade articulation and detailing (e) verandas, eaves, parapets, and window screens.

The design of the existing building provides appropriate articulation resulting in a development with suitable building height, mass, and proportions on the large site in keeping with the intent of the above Principles of Development Control.

Principle of Development Control 3 The external walls and roofs of buildings should not incorporate highly reflective materials which will result in glare to neighbouring properties, drivers, or cyclists

Principle of Development Control 14 Buildings, landscaping, paving and signage should have a co- ordinated appearance that maintains and enhances the visual attractiveness of the locality.

Principle of Development Control 15 Buildings should be designed and sited to avoid extensive areas of uninterrupted walling facing areas exposed to public view or from adjoining dwellings in residential areas.

Principle of Development Control 16 Building design should emphasise pedestrian entry points to provide perceptible and direct access from public street frontages and vehicle parking areas.

With regard to the above Principles of Development Control, the existing building does not contain any reflective materials, will provide additional landscaping, carparking area resulting in a co-ordinated appearance that maintains and enhances the visual attractiveness of the locality and does not have extensive areas of uninterrupted walling facing areas exposed to public view or from adjoining dwellings in residential areas.

Outdoor Storage and Service Areas

Principle of Development Control 20 Outdoor storage, loading and service areas should be:

(a) screened from public view by a combination of built form, solid fencing and /or landscaping (b) conveniently located and designed to enable the manoeuvring of service and delivery vehicles (c) sited away from sensitive land uses.

With regard to the above Principle of Development Control, a dedicated waste storage area is located to the rear of the building. There is no change to the current arrangement where the bins are stored to the rear of the building. Domestic waste management standards will apply for this facility with utilisation of Council’s standard bins.

4.3.4 General Section - Infrastructure

Objective 5 The efficient and cost-effective use of existing infrastructure.

Principle of Development Control 1 Development should not occur without the provision of adequate utilities and services, including:

(a) electricity supply (b) water supply (c) drainage and stormwater systems (d) waste disposal (e) effluent disposal systems (f) formed all-weather public roads (g) telecommunications services (h) social infrastructure, community services and facilities (i) gas services.

Principle of Development Control 2 Development should only occur where it provides, or has access to, relevant easements for the supply of infrastructure.

Principle of Development Control 4 Development should not take place until adequate and coordinated drainage of the land is provided.

Principle of Development Control 5 Development in urban areas should not occur without provision of an adequate reticulated domestic quality mains water supply and an appropriate waste treatment system.

Regarding the above Objective and Principles of Development Control, the site has access to electricity, mains water, sewer, telecommunications, and is accessed from an all-weather public road.

A suitably designed stormwater system has been designed as part of the existing dwelling and the proposal will not impact on the current arrangements.

Water from the driveways will permeate into the soil through the permeable pavers.

4.3.5 General Section - Interface with land uses

The General Section - Interface between Land Uses seeks development that does not cause unreasonable interference, particularly referencing the emission of effluent, odour, smoke, fumes, and dust or other airborne pollutants, noise, hours of operation and traffic impacts. Further the development plan seeks development to be designed and sited to minimise negative impact on existing and potential future land uses considered appropriate in the locality and be designed, constructed, and sited to minimise negative impacts of noise and to avoid unreasonable interference. The following Objectives and Principles of Development Control relate to the interface with adjoining land uses.

Objective 1 Development located and designed to minimise adverse impact and conflict between land uses.

Objective 2 Protect community health and amenity from adverse impacts of development.

Objective 3 Protect desired land uses from the encroachment of incompatible development.

Principle of Development Control 1 Development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following:

(a) the emission of effluent, odour, smoke, fumes, dust, or other airborne pollutants (b) noise (c) vibration (d) electrical interference (e) light spill (f) glare (g) hours of operation (h) traffic impacts.

Principle of Development Control 2 Development should be sited and designed to minimise negative impacts on existing and potential future land uses desired in the locality.

Principle of Development Control 3 Development adjacent to a Residential Zone or residential area within a Township Zone should be designed to minimise overlooking and overshadowing of adjacent dwellings and private open space.

Principle of Development Control 5 Sensitive uses likely to conflict with the continuation of lawfully existing developments and land uses desired for the zone should be designed to minimise negative impacts.

Principle of Development Control 6 Non-residential development on land abutting a residential zone should be designed to minimise noise impacts to achieve adequate levels of compatibility between existing and proposed uses.

Principle of Development Control 7 Development that emits noise (other than music noise) should include noise attenuation measures that achieve the relevant Environment Protection (Noise) Policy criteria when assessed at the nearest existing noise sensitive premises.

Principle of Development Control 10 Development proposing music should include noise attenuation measures that achieve the following desired noise levels:

With regard to the above Objectives and Principles of Development Control, the proposed land use will be able to be conducted without significant nuisance caused to neighbouring and nearby residents. The office will not cause any unreasonable disruption to of the local amenity through any of the nuisances listed in Principle of Development Control 1.

Noise generated within the building will be generally limited to the noise of conversations during appointments inside the building which would be unlikely to generate a level of noise which would be heard by adjoining residential properties, or to be dissimilar to the nature of noise in a residential locality.

The noise of the clients arriving and departing the subject land will be brief in duration and will likely be indistinguishable from the general noise of the locality. Given the proposed hours of operation from Monday to Friday 8:00 am to 5:00 pm and will result in an acceptable impact on the amenity of adjoining land uses. The proposed office will see its greatest activity during the day when the majority of residents will be away from their homes.

Negative amenity impacts as a result of traffic generated by the development will be minimal with traffic to parking areas directed to the rear of the allotment. The proposal provides sufficient parking on the site to accommodate parking for the proposed land use on the site. Further, the site is accessible by public transport.

The proposal will not result in any circumstances where the development would result in the unreasonable emission of noise, odour, vibration, glare, light spill, or other nuisances likely to interfere or impact on the amenity of the nearby and adjoining residential properties.

On this basis I contend that the proposed development will not detrimentally affect the character of the locality and is consistent with the range of land uses within the immediate locality and is a use which can be conducted with minimal disruption to the existing level of amenity currently enjoyed by nearby and adjoining residents.

4.3.6 General Section - Landscaping, Fences and Walls

Objective 1 The amenity of land and development enhanced with appropriate planting and other landscaping works, using locally indigenous plant species where possible.

Principle of Development Control 1 Development should incorporate open space and landscaping and minimise hard paved surfaces in order to:

(a) complement built form and reduce the visual impact of larger buildings (e.g. taller and broader plantings against taller and bulkier building components) (b) enhance the appearance of road frontages (c) screen service yards, loading areas and outdoor storage areas (d) minimise maintenance and watering requirements (e) enhance and define outdoor spaces, including car parking areas (f) maximise shade and shelter (g) assist in climate control within and around buildings (h) minimise heat absorption and reflection (i) maintain privacy

(j) maximise stormwater re-use (k) complement existing vegetation, including native vegetation (l) contribute to the viability of ecosystems and species (m) promote water and biodiversity conservation.

Principle of Development Control 2 Landscaping should:

(a) include the planting of locally indigenous species where appropriate (b) be of a sufficient mature height and oriented towards the street frontage where it should screen buildings (except for entry doors and foyer areas) and enhance the appearance of development (c) result in the appropriate clearance from powerlines and other infrastructure being maintained

Principle of Development Control 3 Landscaped areas along road frontages should have a width of not less than 2 metres and be protected from damage by vehicles and pedestrians.

Principle of Development Control 4 Landscaping should not:

(a) unreasonably restrict solar access to adjoining development (b) cause damage to buildings, paths and other landscaping from root invasion, soil disturbance or plant overcrowding (c) introduce pest plants (d) increase the risk of bushfire (e) remove opportunities for passive surveillance (f) increase leaf fall in watercourses (g) increase the risk of weed invasion

The proposed landscaping to the rear of the subject land and retention of the trees to the front of the site will enhance the appearance of the site, will complement the existing built form, will enhance and define the outdoor spaces, including the proposed car parking areas, and will minimise maintenance and watering requirements.

The proposal will ensure that the entrance to the building is clearly visible and will not unreasonably restrict solar access to adjoining development and will not cause damage to buildings, paths, and other landscaping. When compared with the existing situation, the proposal will result in an enhancement of the appearance of the site. On this basis, it is considered that the proposal satisfies the intent of the Development Plan in relation to landscaping.

4.3.7 General Section - Orderly and Sustainable Development

The following Objectives and Principles of Development Control relate to Orderly and Sustainable development.

Objective 1 Orderly and economic development that creates a safe, convenient, and pleasant environment in which to live.

Objective 2 Development occurring in an orderly sequence and in a compact form to enable the efficient provision of public services and facilities.

Objective 3 Development that does not jeopardise the continuance of adjoining authorised land uses.

Objective 4 Development that does not prejudice the achievement of the provisions of the Development Plan.

Objective 5 Development abutting adjoining Council areas having regard to the policies of that Council’s Development Plan.

Objective 6 Urban development contained within existing townships and settlements and located only in zones designated for such development.

Principle of Development Control 1 Development should not prejudice the development of a zone for its intended purpose.

Principle of Development Control 5 Urban development should form a compact extension to an existing built-up area.

Principle of Development Control 9 Vacant or underutilised land should be developed in an efficient and co-ordinated manner to not prejudice the orderly development of adjacent land.

In respect of orderly and sustainable development considerations, it is considered that the proposed development is orderly and economic in that it is contained on an existing site within the existing building.

The proposal will utilise the existing facilities and services to the site (power, sewer etc.) and will not jeopardise the continuance of the adjoining residential and commercial land uses in close proximity to the site. The proposal does not prejudice the zone for its intended purpose as outlined in the above assessment against the Zone provisions and is consistent with the intent of low scale residential land uses within the Residential Zone.

The proposed development on the existing allotment will result in an efficient use of the land with the use of the existing buildings and structures which have been designed in accordance with the quantitative and qualitative requirements of the Development Plan and is consistent with other development in the immediate and wider locality.

The proposal will have an acceptable impact on the amenity of the locality as outlined in section 4.3.5 General Section - Interface with land uses of the Statement of Effect.

On this basis it is considered that the proposal satisfies the above provisions in relation to orderly and sustainable development.

4.3.8 General Section - transportation, access, and parking

The relevant transportation and access objectives and principles promote development that provides for the safe and efficient movement of all motorised and non-motorised transport modes. Given the small-scale nature of the development and the hours of operation proposed, the proposal will not result in unacceptable traffic movements to and from the site.

The following Objectives and Principles of Development Control relate to Transport, Access, and parking.

Objective 2 Development that:

(a) provides safe and efficient movement for all transport modes (b) ensures access for vehicles including emergency services, public infrastructure maintenance and commercial vehicles (c) provides off street parking (d) is appropriately located so that it supports and makes best use of existing transport facilities and networks. (e) provides convenient and safe access to public transport stops.

Objective 5 Safe and convenient freight movement throughout the State.

Principle of Development Control 2 Development should be integrated with existing transport networks, particularly major rail, road, and public transport corridors as shown on Overlay Map(s) - Transport and designed to minimise its potential impact on the functional performance of the transport network.

Principle of Development Control 5 Land uses that generate large numbers of visitors such as shopping centres and areas, places of employment, schools, hospitals and medium to high density residential uses should be located so that they can be serviced by existing transport networks and encourage walking and cycling.

Principle of Development Control 8 Development should provide safe and convenient access for all anticipated modes of transport.

Principle of Development Control 10 Driveway crossovers affecting pedestrian footpaths should maintain the level of the footpath.

The proposal will allow for the safe and efficient movement for all motorised and non-motorised transport modes, provides the provision of six carparks in total including a disabled space with the use of the relocated garage to be used by the owner only, and will have an acceptable impact on the existing road network. Further the site is accessible by public transport options along Cross Road and the train station within walking distance to the site. The existing site provides safe and convenient access for all anticipated modes of transport including cycling, walking, public and community transport, and motor vehicles.

Principle of Development Control 12 Development should be designed to discourage commercial and industrial vehicle movements through residential streets and adjacent other sensitive land uses.

Principle of Development Control 14 Development should provide for the on-site loading, unloading, and turning of all traffic likely to be generated.

The proposal will gain access from Pine Street and exit onto Cross Road which is a main road which feeds into the adjoining residential area. The proposal will not result in unacceptable vehicle movements to the residential streets and all traffic will be able to be accommodated within the existing carparking area as generated by the proposal. All loading and unloading and traffic generated by the proposal will be accommodated onsite.

Principle of Development Control 22 Development should have direct access from an all-weather public road.

With regard to the above Principles of Development Control, vehicles will access the subject site via Pine Street and exit to Cross Road which both are sealed roads. The access / egress point will permit for all movements to/from the subject site. On this basis, the above Principle of Development Control is satisfied.

Principle of Development Control 23 Development should be provided with safe and convenient access which:

(a) avoids unreasonable interference with the flow of traffic on adjoining roads (b) provides appropriate separation distances from existing roads or level crossings (c) accommodates the type and volume of traffic likely to be generated by the development or land use and minimises induced traffic through over-provision (d) is sited and designed to minimise any adverse impacts on the occupants of and visitors to neighbouring properties.

Principle of Development Control 30 Driveways, access tracks and parking areas should be designed and constructed to:

(a) follow the natural contours of the land (b) minimise excavation and/or fill (c) minimise the potential for erosion from run-off (d) avoid the removal of existing vegetation (e) be consistent Australian Standard AS: 2890 - Parking facilities

Principle of Development Control 30 Development should be sited and designed to provide convenient access for people with a disability.

In relation to the above Principles pf Development Control, the proposal will gain access from Pine Street and egress to Cross Road which both are sealed roads. All parking spaces have been designed in accordance with Australian Standard AS: 2890 - Parking facilities and accommodates the traffic and parking demands of the proposed land use.

Principle of Development Control 32 Development should provide off-street vehicle parking and specifically marked accessible car parking places to meet anticipated demand in accordance with Table Mar/2 - Off-street Vehicle Parking Requirements

Appropriate parking will be provided for the proposed use Table Mar/2 - Off-street Vehicle Parking Requirements indicates that a rate of four (4) car park per 100 metres of gross leasable floor area is required to accommodate office development.

The actual office space results in an area of 148 square metres.

The application proposes 6 car parking spaces including one (1) disabled parking space which should provide adequate parking for the proposed use.

As aforementioned the relocated garage will be used for storage by the owner.

4.3.9 General Section – Waste

The following Objectives and Principles of Development Control relate to waste:

Objective 1 Development that, in order of priority, avoids the production of waste, minimises the production of waste, reuses waste, recycles waste for reuse, treats waste and disposes of waste in an environmentally sound manner.

Principle of Development Control 1 Development should be sited and designed to prevent or minimise the generation of waste (including wastewater) by applying the following waste management hierarchy in the order of priority as shown below:

(a) avoiding the production of waste (b) minimising waste production (c) reusing waste (d) recycling waste (e) recovering part of the waste for re-use (f) treating waste to reduce the potentially degrading impacts (g) disposing of waste in an environmentally sound manner.

Principle of Development Control 2 The storage, treatment, and disposal of waste materials from any development should be achieved without risk to health or impairment of the environment.

Principle of Development Control 6 Development should include appropriately sized area to facilitate the storage of receptacles that will enable the efficient recycling of waste.

The proposal will promote waste minimisation and reuse and recycling and currently provides adequate area for a dedicated waste storage area to the rear of the existing building which allows for the collection and sorting of recycling materials. Domestic waste management standards will apply for this facility with utilisation of Council’s standard bins.

Stormwater is currently captured, stored, and reused on site with overflow diverted to the street water table to Council standards. During the internal construction process, where possible all construction waste will be minimised. Water from the driveways will permeate into the soil through the permeable pavers.

On this basis the proposal satisfies the above Conditions and Principles of Development Control relating to waste.

6.0 Conclusion

The application seeks the change in use of land from dwellings to office with ancillary carparking, landscaping and relocation of existing garage for parking at 395 – 397 Cross Road, Edwardstown.

The proposed change in use to an office with ancillary carparking and landscaping is considered to be of a small scale, which will serve the local and wider locality and to be consistent with the desired Character and Principle of Development Control 1, 3 and 4 of the Residential Zone as they relate to non-residential land uses. Whilst the proposal has a gross leasable floor area for the office and garage greater than 150 square metres (combined area of 194.82 square metres including verandahs and storage garage) the office component of the proposal has an actual area of 148 square metres.

The proposed change in use to office including associated car parking and landscaping is considered to be of a nature and scale that it will not detrimentally impact on the amenity of adjoining and nearby residents.

The proposal does not prejudice the zone for its intended purpose as outlined in the above assessment against the Residential Zone provisions and is consistent with other land uses in close proximity to the subject land within the Residential Zone. The proposal will result in a reasonable small-scale non- residential redevelopment of the subject land.

The scale of the development on the subject land is in keeping with the adjoining residential properties as it proposes to utilise the existing residential building and utilises the existing rear portion of the site for carparking. Further, the proposal will utilise the existing access point to Cross Road as an egress point. When viewed from Cross Road or Pine Street the site will still present as a dwelling.

The proposal will have an acceptable impact on the amenity of the adjoining residential locality through appropriate hours of operation and will not adversely impact future development of the locality and/or detrimentally impact upon any surrounding development.

It is also considered that the proposal is appropriate from a transportation, access, and parking perspective. The proposed development will provide sufficient parking to adequately accommodate the demand associated with the proposed development in accordance with relevant Australian Standards. Existing access arrangements will be maintained for the site. Traffic generation associated with the proposed development will not significantly impact on the surrounding road network.

After careful consideration of the proposed development and having regard to the relevant provisions of the Development Plan, it is my opinion, that the application represents an appropriate form of development in the context of the Residential Zone, the general provisions of the Marion Council Development Plan Consolidated and the unique circumstances of the subject land and locality.

For all the reasons outlined in this statement of effect, we consider the proposed development to satisfy the pertinent Development Plan provisions to warrant development plan consent.

We look forward to your support to proceed to assess this proposal. If you have any further questions regarding this application or require additional information, please contact me on 0499 933 311.

Yours Sincerely,

Mark Kwiatkowski MPIA CPP

Director/ Urban and Regional Planner

Adelaide Planning & Development Solutions - Town Planning Specialists |Planning Private Certifiers

Page 92 Page 93 Page 94 Page 95 Page 96

In reply please quote 2020/00280, Process ID: 629610 Enquiries to Daniel Sladic Telephone (08) 7109 7872 E-mail [email protected] TRANSPORT PLANNING AND PROGRAM DEVELOPMENT

Transport Assessment 29 June 2020 GPO Box 1533 ADELAIDE SA 5001

Andrew Houlihan ABN 92 366 288 135 City of Marion PO Box 21 OAKLANDS PARK SA 5046

Dear Mr Houlihan

SCHEDULE 8 - REFERRAL RESPONSE

Development No. 100/615/20 Applicant Vicky & Lindsay Loud Location 395 Cross Road, Edwardstown Proposal Change in land use from dwellings to office with associated internal alterations, car parking, landscaping and advertising sign.

I refer to the above development application forwarded to the Commissioner of Highways (CoH) in accordance with Section 37 of the Development Act 1993. The proposed development involves development adjacent a main road as described above.

The following response is provided in accordance with Section 37(4)(b) of the Development Act 1993 and Schedule 8 of the Development Regulations 2008.

CONSIDERATION

The site abuts Cross Road, an arterial road under the care, control and management of the CoH as well as Pine Street, a local road under the care, control and management of Council. At this location Cross Road carries approximately 18,800 vehicles per day (3.5% commercial vehicles) and has a posted speed limit of 60 km/h.

The site presently has two access points, one each on Cross Road and Pine Street. This application proposes to retain the existing access on Cross Road (as exit only) whilst the proposed Pine Street access will be relocated approximately 1.7 metres further south. All access to the proposed car park at the rear of the site is to be gained via Pine Street only with all vehicles leaving the site via the existing Cross Road access. DPTI supports vehicles exiting the site onto Cross Road recognising the pre-existing access arrangement, vehicles will exit in a forward direction to the left only, and the low traffic volumes expected to be generated from this development. Council should ensure that the proposed development provides sufficient off- street car parking, designed in accordance with AS/NZS 2890.1:2004 and AS/NZS 2890.6:2009 and that all on-site vehicle manoeuvring areas remain clear of any impediments.

DPTI has released the ‘Advertising Signs Assessment Guidelines for Road Safety’ publication to assist with the review and assessment of advertising signs abutting the arterial road network. DPTI has reviewed the proposed signage against the above guidelines and considers it is unlikely to cause undue distraction to motorists at this location.

ADVICE

#15664789 Page 97 2

DPTI supports the proposed development and advises the planning authority to attach the following conditions to any approval:

1. All vehicular access shall be gained via in accordance with the Site Plan produced by Verrocchi Building Design, Drawing No. 02, Rev. No. E, dated 11 June 2020.

2. All vehicles shall enter the site via Pine Street and exit the site via Cross Road only.

3. All off-street car parking shall be designed in accordance with AS/NZS 2890.1:2004 and AS/NZS 2890.6:2009.

4. All on-site vehicle manoeuvring areas shall remain clear of any impediments.

Yours sincerely

A/MANAGER, TRANSPORT ASSESSMENT for COMMISSIONER OF HIGHWAYS

A copy of the decision notification form should be forwarded to [email protected]

#15664789 Page 98 CAP050820

REPORT REFERENCE: CAP050820 – 3.4 CITY OF MARION COUNCIL ASSESSMENT PANEL AGENDA FOR MEETING TO BE HELD ON WEDNESDAY 5 AUGUST 2020

Originating Officer: Alex Wright Team Leader - Planning

Applicant: David A Eitzen

Development Description: Single storey residential flat building comprising three dwelling, retaining and fencing exceeding 2.1 metres in height and landscaping

Site Location: 32 Laurence Street, Dove Gardens

Zone & Policy Area: Residential / Northern Policy Area 13

Lodgement Date: 02/01/2018

Development Plan: Consolidated – 28 November 2017

Referrals: Council Development Engineer (Internal) Council Arborist (Internal)

Delegations Policy: 1.4.1.6 Any application for three or more dwellings (including detached, semi- detached, row and residential flat) where one or more dwelling sites are more than 5% below the minimum site area recommended by the relevant Policy Area of the Development Plan.

Categorisation 1 Schedule 9 Part 1 (2)(a)(ii) Except where the development is classified as non-complying under the relevant Development Plan, any development which comprises— (a) the construction of any of the following (or of any combination of any of the following): (ii) 1 or more single storey dwellings;

Application No: 100/2018/0001

Recommendation: That Development Plan Consent be GRANTED subject to conditions

Attachments

Attachment I: Previous CAP Minutes Attachment II: Amended Plans

Page 99 CAP050820

Background

As some members will recall, the subject application was considered by the Panel at its meeting of 20 May 2020, whereby a decision upon the application was deferred for the following;

That Development Plan Consent for Development Application No: 100/1/2018 for a single storey residential flat building comprising three dwellings, retaining and fencing exceeding 2.1 metres in height and landscaping at 32 Laurence Street, Dover Gardens be DEFERRED to enable the applicant to consider the matters identified below, with a view to amending the proposal to bring it more in conformity with the relevant provisions:

1. The proposal in its present form fails to adequately satisfy the provisions in the Development Plan in respect of (a) site coverage and site area (PDCs 4 and 3 respectively); (b) failure to properly identify pedestrian entry points as required in the statement of Desired Character; and (c) fails to minimise the visual impact in the locality of the garaging of vehicles (Policy Area Objective 3 and Desired Character).

The applicant has revisited the design of the proposal in light of the Panel’s position, and amended the proposal where practicable.

The original report, plans and attachments can be found in the member’s agenda from the 20 May 2020 meeting. Administration will provide Members who were not present at the previous meeting with a copy of the previous proposal plans and supporting documentation. This documentation will be uploaded to Members IPad and provided via email (by way of dropbox) the day the Agenda is released.

Discussion

The item was deferred as the proposal did not satisfy the Policy Area’s desired site coverage and further did not, to the satisfaction of the CAP, adequately identify pedestrian entry points nor minimise the visual impact of the locality of the garaging of vehicles.

The applicant has amended the proposal by;  Reducing the overall building footprint.  Providing a setback between the primary dwelling façade and associated garage/carport.  Providing separation to the southern boundary by providing a minimum 600mm setback.  Providing a different front façade design to lessen the CAP’s concerns regarding visual dominance of the garaging.  Providing a common roofline to ensure the dwelling appears as a single building when presenting to the street.  Increasing the provision of POS as a result on amendments to the rear setback of each dwelling.

Page 100 CAP050820

Built form changes

Site Coverage & Setbacks

The overall building footprint has been reduced, all be it slightly, by 18 square metres, resulting in a proposed site coverage of 46.6% (a reduction of 2%).

The proposed site coverage is considered acceptable, considering the proposal satisfies all other applicable numerical standards in relation to side and rear setback requirements, and provision of suitable private open space. Each dwelling also provides sufficient space for vehicle access and parking, domestic storage, outdoor clothes drying, rainwater tanks, POS, landscaping and waste storage as sought by Residential Development Principle 14.

When considering the proposal in context with the wider locality, it is also clearly evident that there are few dwellings meeting the numerical figure of 40%, with rather a majority of dwellings ensuring each dwelling maintains appropriate setbacks to boundaries, pervious space and private open space (i.e. which indicates the numerical Policy Area figure of 40% may not be as appropriate when considering the proposal in context with the wider locality).

Greater separation between the main façade and associate garage of each dwelling has been provided though the provision of a 600mm setback. Whilst this has resulted in the front setback of each dwelling being reduced by 600mm (8m to 7.4m), the front setback continues to satisfy the relevant Development Plan provisions and will remain sited behind the adjacent dwellings to the north. To provide greater separation to the southern side boundary a 600mm setback has been provided to the carport, with the remainder of the dwelling setback no less than 900mm.

Original Design Amended Design

Page 101 CAP050820

Building Design

Administration were of the view the design of the built form satisfied the relevant Policy Area Desired Character and Objectives/ Principles of Development Control, in addition to providing a design outcome sought by the applicable Design and Appearance Objectives and Principles.

The Panel however were of the opinion that the front façades failed to properly identify the pedestrian entry points of each dwelling and failed to appropriately minimise the visual impact of the garaging of vehicles in the locality.

The amended plans propose a more standard and conventional design incorporating a nondescript neutral colour scheme, a mixture of render and brickwork and common roofline whilst also providing hip-end roof form for each portico. Each dwelling maintains a front facing door, fenestration and garage door.

Although amended and somewhat less visually appealing than originally proposed, the design continues to be contemporary in nature and reflects the intent of the applicable Design and Appearance and Policy Area Principles and Objectives.

Original Design

Amended Design

Page 102 CAP050820

Site Area

Given the applicant has not considered amalgamation nor purchased land from adjoining allotments, the overall site area has not changed. As Members may recall, Administration was comfortable with the density proposed as it is evident dwellings of a similar nature (both in terms of allotment dimensions, area and built form nature) are not only present within the locality, but also expected by the Desired Character. Administration remains of the view the proposed development will not introduce a density foreign to the locality.

A table outlining the quantitative changes has been provided below.

Quantitative provisions 133.2m2 / 48.9% 136m2 / 48.5% 133.2m2 / 48.2% Site coverage 40% Does Not Satisfy 402m2 / 48.6%

127m2 / 46.6% 131m2 / 46.7% 128m2 / 46.3% Reduction in dwelling Amended Plans footprint 386m2 / 46.6%

Pervious area 20% 260m2 / 31.4% Satisfies

Amended Plans Average of, or Front setback in-line with 8m 8m 8m Satisfies adjacent: 6m Amended Plans 7.4m 7.4m 7.4m 600mm reduction 5.5m and behind or in- Carport/garage 8m 8m 8m Satisfies setback line with main face 8m from front boundary, 600mm behind the main face 600mm increase in setback of Amended Plans of the dwelling garage from main face 6m, may be reduced to Rear setback 8.9m 8.9m 8.9m Satisfies (ground) 3m for <50% rear width Amended Plans 9.9m 9.9m 9.9m 1m increase in rear setbacks Dwelling: Dwelling 900mm Side setbacks 0.9m Dwelling 900mm (dwelling n/a Satisfies Carport Carport: On element) Carport: 600mm 0m/600mm boundary Dwelling 900mm Dwelling 900mm Dwelling 1 carport side Amended Plans Carport: 600mm Carport: 600mm setback increased

Private open 20% 59m2 / 21.6% 60m2 / 21.4% 59.5m2 / 21.5% Satisfies space Amended Plans 66m2 / 24.2% 67m2 / 23.9% 65.6m2 / 23.7% Increase in POS

Page 103 CAP050820

No change has occurred to the following quantitative provisions Criteria Dwelling 1 Dwelling 2 Dwelling 3 Amended Plans Site area 300m2 (average) 275m2 (average per dwelling) Does Not Satisfy Individual 272m2 280m2 276m2

Frontage width 20m 20.12m Satisfies Individual 6.62m 6.8m 6.7m

Depth 45m 41.15m Does Not Satisfy Individual 41.15m 41.15m 41.15m

2 (1 covered) Whilst each dwelling is provided with sufficient spaces per Off-street dwelling (2, 1 of which is covered) an additional on-site visitor Partially Satisfies parking + 1 visitor space space to be accessed by all dwellings has not been provided. 6m or 50% of Garage width dwelling façade 2.4m / 37% 2.4m / 35.5% 2.4m / 35.8% Satisfies width (the lesser)

Building height 2 storeys; 9m 2.7m wall height; Satisfies

Private open 5x5m Each dwelling achieves minimum 5m by 5m dimensions. Satisfies space dimension

Page 104 CAP050820

Conclusion

The proposal has been amended to satisfy the CAP’s concerns relating to streetscape presentation, garage dominance and the overall dwelling footprint.

The result of the amended plans is the provision of a built form which;  Promotes a more standard and typical design,  Provides greater articulation to the front façade though differing dwelling facade and garage setbacks  Provides greater separation to existing boundaries; and  Reduces the overall building footprint .

As such, in staff’s view, amendments to proposal reasonably satisfy the Panel’s reasons for deferral. Whilst no change has occurred to the site area, administration remains of the view the proposed development will not introduce a density foreign to the locality, and the shortfall is appropriate when considering the proposal in context of the immediate and wider locality.

Page 105 CAP050820

Recommendation

Having considered all relevant planning matters in relation to the subject development application:

(a) The Panel note this report and concur with the findings and reasons for the recommendation; and

(b) The Panel concurs that the proposed development is not seriously at variance to the Marion Council Development Plan; and

(c) That Development Plan Consent for Development Application No: 100/1/2018 for Single storey residential flat building comprising three dwellings at 32 Laurence Street, Dover Gardens be GRANTED, subject to the following Reserved Matter and Conditions:

RESERVED MATTER

Pursuant to Section 33(3) of the Development Act, Council RESERVES its decision in relation to the following matters. Development Approval cannot be issued by the Council unless and until it has assessed such matters and granted its consent in respect thereof.

1. A fully engineered site works and drainage plan shall be provided to Council for consideration and approval prior to Development Approval being issued. This plan must detail top of kerb level, existing ground levels throughout the site and on adjacent land, proposed bench levels and finished floor levels, the extent of cut/fill required, the location and height of proposed retaining walls, driveway gradients, and the location of all existing street infrastructure and street trees.

CONDITIONS

1. The development shall be constructed and maintained in accordance with the plans and details submitted with and forming part of Development Application No.100/2018/0001, being documents;  A-1 & A-2 prepared by D’Andrea and Associates  Site & Drainage Plan, prepared by Lelio Bibbo Consulting Engineers Pty Ltd except when varied by the following conditions of consent.

2. All car parking areas, driveways and vehicle manoeuvring areas must be constructed, sealed and drained in accordance with recognised engineering practices prior to the occupation of the premises or the use of the development herein approved and maintained in a good condition at all times.

3. All areas nominated as landscaping or garden areas on the approved plans shall be planted and maintained with a suitable mix and density of native trees, shrubs and groundcovers prior to the occupation of the premises to the reasonable satisfaction of the Council.

4. Any new vegetation proposed to be planted shall be nurtured and maintained in good health and condition at all times with any diseased or dying plants being replaced, to the reasonable satisfaction of the Council.

Page 106 CAP050820

5. All stormwater from buildings and paved areas shall be disposed of in accordance with the approved plans and details prior to the occupation of the premises to the reasonable satisfaction of the Council.

6. The stormwater collection and disposal system shall be connected to the street watertable (inclusive of any system that connects to the street watertable via detention or rainwater tanks) immediately following roof completion and gutter and downpipe installation.

7. Stormwater must be disposed of in such a manner that does not flow or discharge onto land of adjoining owners, lie against any building or create insanitary conditions.

Notes

1. To facilitate vehicular access the southern QLD Box (middle tree) be removed by Council to facilitate the provision of and convenient access. The applicant is required to play a cost of $1550.00+gst. An invoice will issued by Council for the said amount.

Page 107 3

CAP200520

2.2 Report Reference: CAP200520 – 2.2 Application No: 100/2018/1 Site Location: 32 Laurence Street, Dover Gardens

The Council Assessment Panel resolved that;

Having considered all relevant planning matters in relation to the subject development application:

(a) The Panel notes this report;

(b) The Panel concurs that the proposed development is not seriously at variance to the Marion Council Development Plan, in accordance with Section 35 (2) of the Development Act 1993; and

(c) That Development Plan Consent for Development Application No: 100/1/2018 for a single storey residential flat building comprising three dwellings, retaining and fencing exceeding 2.1 metres in height and landscaping at 32 Laurence Street, Dover Gardens be DEFERRED to enable the applicant to consider the matters identified below, with a view to amending the proposal to bring it more in conformity with the relevant provisions:

Page 108 Page 109 Page 110 REPORT REFERENCE: CAP050820 – 3.5 CITY OF MARION COUNCIL ASSESSMENT PANEL AGENDA FOR MEETING TO BE HELD ON WEDNESDAY 05 AUGUST 2020

CONFIDENTIAL REPORTS OF MANAGER DEVELOPMENT SERVICES

Reason for confidentiality

It is recommended that this Report be considered in CONFIDENCE in accordance with Clause 13(2)(a) of the Planning, Development and Infrastructure Regulations, which permits the meeting to be closed to the public for business relating to the following:

(viii) provision of legal advice; (ix) information relating to actual litigation, or litigation that the assessment panel believes on reasonable grounds will take place

Recommendation

1. The Council Assessment Panel orders pursuant to Clause 13(2)(a) of the Planning, Development and Infrastructure Regulations, that the public, with the exception of the Manager of Development and Regulatory Services, Team Leader - Planning, Development Officer – Planning, and other staff so determined, be excluded from attendance at so much of the meeting as is necessary to receive, discuss and consider in confidence, information contained within the confidential reports submitted by the Assessment Manager of the Council Assessment Panel.

2. Under Clause 14 of the Planning, Development and Infrastructure Regulations, an order be made that Item 3.5 including the report, attachments and discussions having been dealt with in confidence under Clause 13(2)(a) of the Planning, Development and Infrastructure Regulations, shall be kept in confidence until a decision of the Environment, Resources and Development Court relevant to the item is made.

3. Further, that at completion of the confidential session, the meeting be re-opened to the public.

Page 111 REPORT REFERENCE: CAP050820 – 3.6 CITY OF MARION COUNCIL ASSESSMENT PANEL AGENDA FOR MEETING TO BE HELD ON WEDNESDAY 15 AUGUST 2020

CONFIDENTIAL REPORTS OF MANAGER DEVELOPMENT SERVICES

Reason for confidentiality

(viii) provision of legal advice; (ix) information relating to actual litigation, or litigation that the assessment panel believes on reasonable grounds will take place

Recommendation

2. Under Clause 14 of the Planning, Development and Infrastructure Regulations, an order be made that Item 3.6 including the report, attachments and discussions having been dealt with in confidence under Clause 13(2)(a) of the Planning, Development and Infrastructure Regulations, shall be kept in confidence until a decision of the Environment, Resources and Development Court relevant to the item is made.

3. Further, that at completion of the confidential session, the meeting be re-opened to the public.

Page 112 4. APPEALS UPDATE CITY OF MARION COUNCIL ASSESSMENT PANEL AGENDA FOR MEETING TO BE HELD ON WEDNESDAY 5 AUGUST 2020

4.1 APPEALS AGAINST PANEL DECISIONS

New Appeals

DA No. Address Appeal Recommendation Decision Current Status Lodged 100/2019/1957 82 Bradley 24/06/2020 Grant DPC Refuse Conciliation conference Grove, scheduled 13 th Mitchell Park August

On-going Appeals

DA No. Address Appeal Recommendation Decision Current Status Lodged 100/2019/1055 9 Coppin 12/06/2020 Grant DPC Refuse Conciliation conference Street, scheduled 10 th Glengowrie September

100/2019/1993 215 Sturt 05/05/2020 Grant DPC Refuse Development Plans Consent granted by Road, the ERD Court Seacombe through conciliation Gardens

4.2 APPEALS AGAINST DELEGATED APPLICATIONS

- Administration will provide an update on as ‘as needs’ basis.

Page 113 5. POLICY OBSERVATIONS CITY OF MARION COUNCIL ASSESSMENT PANEL AGENDA FOR MEETING TO BE HELD ON WEDNESDAY 5 AUGUST 2020

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