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A & R Kaines Land Division Development Assessment Commission AGENDA ITEM 2.3.3 28 April 2016 A & R Kaines Land Division – 1 into 2 Lot 83 Darby Road, Paechtown 580/D047/15 TABLE OF CONTENTS PAGE NO AGENDA REPORT 2-21 ATTACHMENTS 1: DEVELOPMENT PLAN PROVISIONS 22-39 2: MAPS & PHOTOS 40-51 3: APPLICATION & PLANS 52-126 a. DA Form b. Certification of Title c. Plans – Fyfle Pty Ltd d. Planning Reportd - URPS e. On-Site Wastewater Management Report – Robert C Frazer, Engineering Consultant f. Building Inspection - BuildSurv 4: AGENCY COMMENTS 127-135 5: COUNCIL COMMENTS 136-141 6: REPRESENTATIONS 142-146 7: RESPONSE TO REPRESENTATIONS 147-150 1 Development Assessment Commission AGENDA ITEM 2.3.3 28 April 2016 OVERVIEW Application No 580/D047/15 Unique ID/KNET ID Knet 2015/17460/01 #10367016 Applicant Anthony and Rosemary Kaines Proposal Land division – 1 into 2; and reactivation of a State heritage place (former JF Paech House) as a Dwelling Subject Land Lot 83 Darby Road, Paechtown Zo ne/Policy Area Watershed Protection ( Mount Lofty Ranges ) Zone, Map MtB/2 Relevant Authority DAC Lodgement Date 7 September 2015 Council Mount Barker (DC) Development Plan 24 October 2013 Type of Development Non-complying Public Notification Category 3 Representations One (1) representation received (to be heard) Referral Agencies EPA, DEWNR State Heritage, SA Water Report Author Nitsan Taylor, Senior Planning Officer RECOMMENDATION Development Approval subject to conditions and concurrence from Council and the Minister for Planning EXECUTIVE SUMMARY The application seeks to divide an existing allotment of 76.43 hectares into two allotments of 74 hectares and 2.43 hectares in the Watershed Protection (Mount Lofty Ranges) Zone. The purpose of the land division is to excise a State heritage place – former JF Paech House - from the balance of the land so that it may have an economic value to a new owner who might restore, preserve and reuse it. The current owners have no use for the building(s) nor the means to restore it. The heritage building currently has no lawful existing use and this application therefore also seeks to change the use of the State heritage place from ‘no defined use’ to Dwelling. The creation of an additional allotment is a non-complying form of development in the Watershed Protection (Mount Lofty Ranges) Zone. In association with the land division, and subject to meeting certain conditions, a new dwelling in the watershed is a merit application. The excision of a 2.43 hectare parcel of land is considered unlikely to jeopardise the continued use of the remaining 74 hectares for primary production. However the creation of a new allotment which enables the establishment of new dwelling may increase the risk of pollution of the watershed on the basis that it will potentially introduce a new use to the zone and require the installation of a new wastewater disposal system. The creation of new allotments and new dwellings in the Watershed zone are non-complying to ensure the greatest level of protection for water quality. This objective needs to be balanced in this case with the merit of retaining and facilitating the restoration and reuse of an important State heritage place. The State Heritage Unit of DEWNR is supportive of the application as it will facilitate the on-going preservation of the State heritage place. The EPA is opposed to the application on the basis that the creation of an additional allotment in the Mount Lofty Ranges watershed will increase the risk of pollution of the watershed. 2 Development Assessment Commission AGENDA ITEM 2.3.3 28 April 2016 Mount Barker Council has a concurring role in this instance; however preliminary advice indicates that it is generally supportive of the proposal due to the unique circumstances of the State heritage place. One (1) Category 3 representation has been received from an adjoining property owner. The representor has requested to be heard at the DAC meeting. I have undertaken an inspection of the site and assessed the application against the relevant policy. On balance, I consider the application to have sufficient merit to warrant consent. ASSESSMENT REPORT 1. BACKGROUND The applicants have owned the subject land since 1992. From 1992 until approximately 1998, the applicants primarily used the former JF Paech House (referred to herein as JF Paech House) for weekend visits only, with their main residence being in Adelaide. In order to facilitate an application for a detached dwelling on the land, the applicant’s furnished Council with a letter dated 18 March 1998 confirming that JF Paech House had only been used occasionally since their ownership and advising of their intention to abandon its use as a dwelling. In 2002 the applicants obtained development approval from Mt Barker Council to build a new dwelling on the subject land on the proviso that the existing dwelling – former JF Paech House – is decommissioned. It is understood that although the building has not been used as a dwelling since this time, it remains connected to electricity, water (rainwater) and the septic tank. In 2013, JF Paech House (and associated stone outbuilding and two slab barns) was registered as a State heritage place. The State Heritage Register defines the significance of the place as follows: JF Paech's 1840s property at Friedrichstadt is not only one of the oldest surviving German pioneer farm complexes in South Australia, but is also the first farm to be established in the settlements of Friedrichstadt and Paechtown. The place displays a number of significant early German construction techniques, including the half- hipped design of the three level stone, brick and timber house; uncommon features such as timber-shingle roofing and two timber slab barns; and a rare example of an internal loft smokehouse. The place has special associations with the pioneering German settlement of South Australia, a theme with significance for this state. It is of note that JF Paech House does not comprise kitchen facilities or wet areas. It is understood that it was common practice at the time of its construction to locate these facilities in a separate building. In the case of JF Paech House, this ancillary building was believed to have been destroyed in a fire sometime in the early 1900s. A replacement building was constructed in its place in the 1920s in the form of a bungalow. This building comprises a kitchen, laundry, shower room and toilet and forms part of the current application to reactivate the use of JF Paech House as a dwelling. 3 Development Assessment Commission AGENDA ITEM 2.3.3 28 April 2016 JF Paech House has remained vacant since 1998 and has fallen into a state of disrepair, with considerable restoration works now required to ensure its ongoing preservation. The applicant is not in a position to undertake this work, hence the current application. 2. PRE-LODGEMENT DISCUSSIONS Prior to lodgement of the current application, a pre-lodgement meeting was held between the applicant’s planning consultant and DPTI planning staff. It was agreed that the land division application should also seek to reactivate the use of JF Paech House as a dwelling in order to reinforce that the intent of the application is to facilitate the on-going preservation and use of the existing buildings rather than to enable any new development in the watershed. 3. NON-COMPLYING PROCESS On 30 November 2015, the Commission’s delegate resolved to proceed with an assessment of the application against the relevant provisions of the Development Plan pursuant to Regulation 17(3)(b) of the Development Regulations 2008 . 4. DESCRIPTION OF PROPOSAL The subject land comprises 76.43 hectares of land disposed as a cattle farm with an associated residence. The land division component of the application seeks to excise a 2.43ha parcel of land (proposed Lot 101) from the cattle farm (proposed Lot 100), leaving a balance of 74 hectares. Proposed Lot 101 will comprise the State heritage place and ancillary 1920s bungalow and outbuildings, while proposed Lot 100 will comprise the cattle farm and associated dwelling. The applicant intends to retain the farm and sell Lot 101. Access to both allotments will continue to be via an existing right of way over adjoining land (marked D in Figure 1 below – owned by the estate of JF Paech), with the larger allotment also having separate access via Haines Fire Track. Figure 1 – Plan of division 4 Development Assessment Commission AGENDA ITEM 2.3.3 28 April 2016 The land use component of the application relates to the recommissioning of the State heritage place as a Dwelling. To this end, the applicant has submitted an On-Site Wastewater Management Report and Site and Soil Assessment Report that indicates that the site is capable of supporting an appropriate on-site wastewater disposal system that meets the relevant standards and Development Plan requirements. The applicant has also engaged a private certifier to advise what needs to be undertaken to the building for it to be classified as a Dwelling (Class 1 building). The private certifier has advised the following: The BCA requires a minimum amount of facilities to be provided in order for the building to be classified as a Class 1 building. The BCA also permits that if these facilities are detached from the main building that they are set aside for the exclusive use by the occupants of the dwelling. We observed that the outbuilding adjacent and associated directly with the building contained the necessary facilities to comply with part 3.8.3.2 of the BCA. Therefore, in our opinion the existing building is provided with the necessary facilities to be classified as a Class 1building for the purposes of the BCA and, we see no direct impediment as to why the building cannot be directly reclassified as such.
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