Development Assessment Commission AGENDA ITEM 2.2.3 15 June 2017

Cosimo Marrone Land Division (1 into 2) Creation of 1 additional allotment 990 Montacute Road, Montacute

473/D012/17

TABLE OF CONTENTS

PAGE NO AGENDA REPORT 2-13 ATTACHMENTS 1: DEVELOPMENT PLAN PROVISIONS 14-18 2: AERIAL PHTO 19 3: APPLICATION & PLANS a. Plan of Division b. Application Form 20-33 c. Certificate of Title d. Statement of Support – Access Planning

1 Development Assessment Commission AGENDA ITEM 2.2.3 15 June 2017

OVERVIEW

Application No 473/D012/17 Unique ID/KNET ID 11592184 Applicant Mr Cosimo Marrone Proposal Land Division (1 into 2) Creation of one additional allotment (non-complying) Subject Land 990 Montacute Road, Montacute Zone/Policy Area Hills Face Zone Relevant Authority Development Assessment Commission Schedule 10 – Clause 3(2)(c) of the Development Regulations Lodgement Date 13 April 2017 Council Adelaide Hills Development Plan Adelaide Hills Council Consolidated 28 April 2016 Type of Development Non-Complying Public Notification N/A Representations N/A Referral Agencies N/A Report Author Dennis Batge, Consultant Planner RECOMMENDATION REFUSE – Not to proceed to an assessment

EXECUTIVE SUMMARY

The proposal is for a non-complying land division to divide a single allotment that is located on steeply sloping land located between Montacute Road on its eastern boundary and Institute Road on its western boundary, into two allotments. The proposed new allotment boundary is intended to divide the land into two allotments of near equal area of 3.536ha and 3.649ha (respectively).

The proposed Lot 100 is situated on the lower area of the land and has a frontage and access on Institute Road and contains a group of sheds/buildings associated with horse keeping but no dwelling. The proposed Lot 101 is located on the higher portion of the land and would have frontage and access on Montacute Road and would contain an existing detached dwelling and outbuildings. Development potential for an additional dwelling would be created on Lot 100.

The applicant’s justification for the proposal is that the land is steep and access between the eastern and western parts of the property is inconvenient, expensive to maintain and has operated as two entities for some time and that better management would result from the division. The application does not demonstrate sufficient merit or any public benefits and does not warrant proceeding to a full assessment.

Any form of land division is non-complying in the Hills Face Zone.

ASSESSMENT REPORT

1. BACKGROUND

1.1 Strategic Context

The Hills Face Zone is a longstanding feature of the State planning system that recognises the role of the western face on the Mount Lofty Ranges in recognition of both the natural and landscape characteristics of the land contained within it and the

2 Development Assessment Commission AGENDA ITEM 2.2.3 15 June 2017

desirability of managing the urban and rural interface between Metropolitan Adelaide and the rural areas of the Mount Lofty Ranges to the east.

The zone has the following key multifaceted objectives:

 Protection of the backdrop to Metropolitan Adelaide with limitations on visual intrusion as viewed from the Adelaide Plains.  A contrast between urban areas and the Mount Lofty Ranges and the land uses which are undertaken in those areas.  Preservation of natural character and native flora and fauna habitats within the Zone.  A buffer between urban and rural areas.  Restriction on the demand to provide services to the area.  Maintenance of low intensity agricultural activities. The zones plays a key strategic role in managing the rural urban fringe of eastern Metropolitan Adelaide. The zone is located on the immediate fringe of Metropolitan Adelaide, much of it is an attractive place in which to live and is a constant source of enquiry to planning authorities from members of the public, seeking to divide the land. It is the non-complying status of land division in the Hills Face Zone that protects the area from further reduction in land allotment sizes, increased population density, environmental and land use impacts and demand for services.

2. DESCRIPTION OF PROPOSAL

Application details are contained in the ATTACHMENTS.

The proposal is for land division that would create 2 allotments of similar areas.

The proposed Allotment 100 would have an area of 3.536ha with a frontage onto Institute Road on its western boundary and would contain 6 sheds that are associated with horse keeping, horse yards, an area of native vegetation, a dam and a small pine plantation.

The proposed Allotment 101 would have an area of 3.649ha with a frontage onto Montacute Road on its eastern boundary and would contain a habitable dwelling, a shed, 3 car garage and an area of native vegetation.

A summary of the proposal is as follows:

Land Use Description No change proposed Site Access From both Montacute and Institute Roads.

3. SITE AND LOCALITY

3.1 Site Description

The subject land comprises a single allotment with an area of 7.185ha. It has the following attributes:

 A frontage of 183.27m onto Montacute Road.  A frontage 164.56m onto Institute Road.

The site consists of 1 allotment, described as follows:

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Lot No Street Suburb Hundred Title Reference 10 Montacute Road Montacute Adelaide CT 6100/554

The subject site is located.at 990 Montacute Road, Montacute.

The site currently contains:

 Native vegetation distributed unevenly across the land with intervening cleared areas.

 A small pine plantation located near the southern boundary.  A meandering track that connects the eastern and western ends of the allotment (currently in need of repair for other than 4-wheel drive vehicles)

 A dam with diameter of approximately 30m.  Two clusters of buildings comprising one of a habitable dwelling, 3 car garage and an outbuilding and the other comprising 6 sheds/buildings associated with horse keeping.

 A dam with a diameter of approximately 30m.  The pine plantation covers an area of approximately 150m x 70m centred on the bend in the southern boundary of the current allotment.

A landform that grades downwards from its eastern boundary on Montacute Road to the western boundary with Institute Road.

The central section of the land is steepest having a gradient of approximately 1 in 2.3. This creates a need for a track that as much as possible, follows the contours of the land (as constructed) in the central section, to enable vehicles to traverse the land between its eastern and western portions.

The contours of the land are most favourable adjacent the two road frontages and safe and convenient access is available.

Native vegetation is scattered over much of the land.

Figure 2: Site Photographs

The Montacute Road entry to the subject land – looking south 4 Development Assessment Commission AGENDA ITEM 2.2.3 15 June 2017

The driveway to the dwelling from Montacute Road.

A view into the land from Montacute Road to the north of the dwelling site

The driveway into the Institute Road (western) end of the subject land showing some of the buildings associated with horse keeping. 5 Development Assessment Commission AGENDA ITEM 2.2.3 15 June 2017

Buildings on the western part of the subject land.

A view of the subject looking showing sheds on the western end of the land and the rise in the landform and a shed near the dwelling is just visible in the upper righthand side of the photo

3.2 Locality

The locality is characterised by:

 Steeply undulating and well vegetated terrain, predominantly but not exclusively with native vegetation.  Allotment sizes ranging from approximately 0.3ha to approximately 24ha. The small rural residential allotments are in the minority and predominantly found along Montacute and Institute Roads west/northwest of the subject land. The predominant pattern and character of the locality is that of a rural, hills landscape.  Dwellings scattered across the landscape but are not prominent when viewed from both Montacute and Institute Roads.  Allotment sizes vary with some small rural residential allotments predominantly along Montacute Road to the west, however the predominant

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pattern is that of parcels similar to the subject land and larger up to approximately 25ha.

4. COUNCIL COMMENTS or TECHNICAL ADVICE

4.1 Adelaide Hills Council

Not applicable – Council comments will only be considered if the matter proceeds to an assessment of the proposal.

5. STATUTORY REFERRAL BODY COMMENTS

Not applicable – agency advice will only be considered if the matter proceeds to an assessment of the proposal.

6. PUBLIC NOTIFICATION

The proposal has not been notified as a Category 3 development. The notification process will only occur if the Commission resolves to proceed with an assessment.

7. POLICY OVERVIEW

The subject site is within the Hills Face Zone as described within the Adelaide Hills Council Development Plan (Consolidated 28 April 2016). Relevant planning policies are contained in Appendix One and summarised below.

7.1 Zone

The Hills Face Zone (HFZ) incorporates a range of policy measures that are intended to preserve and enhance the natural features of the western slopes of the Mount Lofty Ranges and its role as an interface and buffer between Metropolitan Adelaide. The provisions of the HFZ support a desired character in which the natural character

7 Development Assessment Commission AGENDA ITEM 2.2.3 15 June 2017 is both preserved and enhanced, an open character is maintained in the manner it does, with open grazing is the predominant activity.

Figure 3 – Zoning Map

The HFZ is not intended to function as a Residential Zone and development should not be undertaken unless it is associated with low intensity agricultural activity and where single storey detached dwellings and associated outbuildings are developed on a single allotment. These provisions are intended to constrain residential development to existing allotments and prevent the creation of additional allotments. 8 Development Assessment Commission AGENDA ITEM 2.2.3 15 June 2017

The key planning issue to be considered in the assessment of this application, is whether or not land within the HFZ should be further divided, which in many instances, not only produces smaller allotments but creates fresh opportunities for the development of new dwellings with associated activities, demands and issues associated with population increase and associated environmental impacts and pressures.

As the objectives of the zone are for the preservation of natural character, maintenance of a buffer between Metropolitan Adelaide and the encouragement and maintenance of low intensity agricultural development, land division is not envisaged and any form of land division is listed as non-complying. Therefore, there are no zone-specific provisions relating to land division (as it is not specifically envisaged).

7.2 Council Wide

There are a range of Council Wide provisions in the Development Plan with respect to land division. These however are of little relevance in circumstances where a land division proposal is not envisaged and contrary to the attainment of the objectives for the zone.

7.3 Overlays

There are no overlays applicable to this assessment.

Applicant’s Rationale

In support of the application the applicant has submitted the following:

1. The central part of the land is steep and the two clusters of buildings are at either end of the land and access is difficult. 2. The track that runs across the property is storm damaged and difficult to maintain. Therefore, they are currently accessing the horse keeping area at western end of the land from Institute Road as a 4-wheel drive is currently required to use the track. Due to these difficulties, the horse keeping has been temporarily suspended. 3. The two ends of the property have been effectively operating as two separate entities for some time. 4. It is the applicant’s intention to construct a new dwelling on the proposed Allotment 100 so that the allotment and existing development can be utilised and maintained. There is sufficient flat land available to enable the construction of a dwelling with minimal cutting and filling. 5. Driveway access to the land already exists. 6. A house site is already cleared, ample water supply is available and there is a number of exit routes available in the event of fire. 7. Ample room is available for the access and the manoeuvring of fire fighting vehicles 8. The natural character will not be impacted as the land is already developed with numerous buildings. 9. It is proposed to place an encumbrance on the land requiring that it not be fenced where it would affect the preservation of existing vegetation. 10. Unlike adjoining properties, the subject land has only been partially cleared and it is therefore not suited to horticultural use. 11. The land is at the periphery of the HFZ and will not impact on the urban backdrop for Metropolitan Adelaide. 12. The land is not subject to flooding.

9 Development Assessment Commission AGENDA ITEM 2.2.3 15 June 2017

13. Notwithstanding the non-complying status, the proposal is a suitable development for the subject land and warrants proceeding to full assessment.

8. PLANNING ASSESSMENT

The application has been assessed against the relevant provisions of the Adelaide Hills Council Development Plan, which are contained in Appendix One.

8.1 Quantitative Provisions

Development Proposed Guideline Comment Plan Guideline Achieved Allotment Noncomplying- 1 additional YES Additional Area No new allotment NO allotments are not allotments PARTIAL envisaged in the HFZ Land Use One dwelling per An additional YES The proposal if allotment allotment with NO approved would the intention of PARTIAL create an constructing an opportunity for an additional additional dwelling. dwelling

8.2 Land Use and Character

The application does not propose any new uses for the land if divided. The applicant’s intention is for proposed Allotment 101 to be used as rural residential, utilising the existing dwelling and associated outbuildings. The application indicates an intention for proposed Allotment 100 to continue to be used for horse keeping but to construct a new dwelling on it, and support a more convenient arrangement for the use of the western end of the land.

The division of the land in the manner proposed may make the use and the management of the land more convenient for the owners or occupiers of the land however, it is contrary to the desired character of the Hills Face Zone, by further reducing allotment sizes and increasing the number of dwellings.

8.3 Planning Policy Context

There would be many landowners within the Hills Face Zone, that for reasons of difficult topography, adjacent land uses, relative visibility, land management practice, resource management, personal circumstances or perceived unfairness in the positioning of the Hills Face Zone boundary, would seek to change current planning controls or obtain a more favourable consideration of dividing their land and possibly develop it for purposes contrary to the wider strategic context.

The Development Assessment Commission and Councils are regularly contacted by landowners or intending purchasers wishing to explore the possibility of subdividing their land within the zone.

A major review into the boundary of the Hills Face Zone was undertaken by Judge Roder in the 1980s (Inquiry into the Boundary of the Hills Face Zone of the Metropolitan Planning Area – John Roder – September 1980), to identify any anomalies and areas that should be either excluded from the zone, or alternatively included within the zone. After extensive consideration, a series of adjustments were made to the zone boundary. At the time, this was considered to be a decisive and one-off rationalisation of the zone boundary and there was no expectation that it

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would be repeated (although a supplementary report was prepared in August 1982 in response to the first).

Since that time, a further review of policies in the zone has been conducted and policy refinements subsequently introduced by the Minister for Urban Development and Planning in 2004.

In general terms, policies were strengthened and reinforced – wit all forms of land division becoming ‘non-complying’. The Hills face Zone remains an area of state planning significance and for that reason certain types of development, including land division, are subject to the control of the Development Assessment Commission through the provisions of Schedule 10, to maintain a consistent policy approach across the large number of individual Councils within which the zone is situated.

This history of zone policy and its construction supports the view that the further division of land within the Hills Face Zone should be discouraged.

This application does not have any unique attributes that warrants special treatment by virtue of its terrain and current land use. There are no special relationships of such significance or importance to consider the creation of an additional allotment. To do so would lend weight and encourage others to pursue the division of their own land based on similar reasoning. Unless there are reasons to change the current policy settings, there is no compelling or sufficient justification to allow standalone proposals such as this one to proceed.

For these reasons, the proposal should be rejected without proceeding to an assessment. Consideration has not been given to the design or servicing of future dwellings on the land, as the land division proposal as lodged, is seriously at variance with the Development Plan.

9. CONCLUSION

The application seeks to create an additional allotment and therefore the potential for another development opportunity within a zone that strongly discourages such outcomes.

No special or compelling merit has been demonstrated, no public purpose would be served by the development. The management and upkeep of private land within the zone is the responsibility of individual landowners, and difficulties due to the nature of the terrain - which is a common feature of the area and much of the zone - must simply be accepted as a characteristic of living on and/or working the land.

The applicant's rationale - that the management of the part of the land used for horse keeping would be made more convenient and cost effective - is not supported or accepted. If granted, it would be an advantage that is unavailable to other landowners in similar circumstances and encourage others to apply for similar development on similar grounds.

The former State Planning Authority and now Development Assessment Commission have carefully and rigorously enforced the provisions of the Hills Face Zone to ensure that development outcomes are consistent with current policies where new allotments for residential or rural living purposes are simply not anticipated within the zone.

The application is seriously at variance with the policies of the Development Plan and should be refused without proceeding to an assessment.

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10. RECOMMENDATION

It is recommended that the Development Assessment Commission:

1) RESOLVE that the proposed development is Seriously at Variance with the policies in the Development Plan.

2) RESOLVE that the Development Assessment Commission is not satisfied that the proposal accords with the related Objectives and Principles of Development Control within the Hills Face Zone of the Adelaide Hills Council Development Plan.

3) RESOLVE that pursuant to Section 39(4)(d) of the Development Act 1993 and Regulation 17(3)(a) of the Development Regulations 2008, to REFUSE Development Application No. 473/D012/17 by Cosimo Marrone for a division of land (1 into 2 allotments) at 990 Montacute Road, Montacute without proceeding to make an assessment of this non-complying development.

for Dennis Batge CONSUTLANT PLANNER PLANNING AND DEVELOPMENT (DPTI)

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APPENDIX ONE - PLANNING POLICIES

The Objectives and Principles of Development Control in the Development Plan most relevant to the assessment of the application are outlined as follows. These are contained in the Adelaide Hills Council Development Plan (Consolidated 28 April 2016).

HILLS FACE ZONE

DESIRED CHARACTER

The western slopes of the South Mount Lofty Ranges in Metropolitan Adelaide are an important natural asset to both the population of the urban area and the tourism industry. Development which is undertaken in this zone should not only preserve but should also enhance the natural character of the zone or assist in the re-establishment of a natural character. The term ‘natural character’ refers to the natural topography, native vegetation and colours, such as greens and browns of non-reflective earthen tones, normally associated with a natural landscape. Additionally, natural character refers to the open character of the land in those areas of the zone where open grazing currently predominates.

In those parts of the zone where, prior to 1975, concentrations of smaller than average allotments were created, special attention needs to be paid to the scale, design and landscaping of development because there are fewer siting options for development on these allotments.

The extent of native vegetation and open grassland, the steep slopes and the difficulty of access combine to make this zone a high fire risk area. It is important that developments incorporate fire protection measures to minimize the fire risk. While vegetation management is an important part of minimizing the fire risk, the destruction of existing native vegetation and failure to provide landscaping as to screen buildings and improve the amenity of the zone are not considered acceptable fire protection measures.

The zone is not a residential zone and so services provided in an urban area will not be provided in this zone. Accordingly, development should not be undertaken if it is likely, in itself or in association with other development, to create a potential demand for such services. Activities and projects by State and local agencies which are considered necessary in this zone should be located, sited, constructed and maintained to promote the objectives for the zone and complement the principles of development control relating to this zone. Tourist facilities are appropriate provided they are of a low-scale and are sited unobtrusively.

OB1 A zone in which the natural character is preserved and enhanced or re-established in order to:

(a) provide a natural backdrop to the Adelaide Plain and a contrast to the urban area (b) preserve biodiversity and restore locally indigenous vegetation and fauna habitats close to metropolitan Adelaide (c) provide for passive recreation in an area of natural character close to the metropolitan area (d) provide a part of the buffer area between metropolitan districts and prevent the urban area extending into the western slopes of the Mount Lofty Ranges (e) ensure that the community is not required to bear the cost of providing services to and within the zone.

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OB2 A zone accommodating low intensity agricultural activities and public/private open space and one where structures are sited and designed in such a way as to:

(a) preserve and enhance the natural character or assist in the re-establishment of a natural character in the zone (b) limit the visual intrusion of development in the zone, particularly when viewed from roads within the zone or from the Adelaide Plain (c) not create, either in themselves, or in association with other developments, a potential demand for the provision of services at a cost to the community (d) prevent the loss of life and property resulting from bushfires.

PDC1 Development should not be undertaken unless it is associated with a low intensity agricultural activity, a public open space area or a private use of an open character, or is a detached single storey dwelling, including outbuildings and structures normally associated with such dwellings, on a single allotment.

PDC3 Development should not be undertaken if it is likely to result in:

(a) pollution of underground or surface water resources (b) over exploitation of underground or surface water resources (c) adverse impact on underground or surface water resources, including any environmental flows required to sustain the natural environment (d) unnecessary loss or damage to native vegetation including the full range of tree, understorey and groundcover species/native grasses so as to maintain and enhance environmental values and functions, including conservation, biodiversity and habitat (e) denudation of pastures (f) the introduction of or an increase in the number of pest plants or vermin (g) adverse impacts from chemical spray drift, chemical run-off or chemical residue in soils (h) the erection of structures or construction of access tracks and parking areas in a manner which detracts from the landscape character and visual amenity of the zone (i) increased hazard to the locality from bushfires (j) loss of amenity to adjoining land or surrounding localities from: (i) the visual impact of buildings, structures or earthworks (ii) the intensity of activity associated with any such use, including significant adverse impacts arising from chemical spray drift, use of audible bird or animal deterrent devices, and the use of associated vehicles and machinery.

PDC22 Development should only be undertaken if it can be located and designed to maximize the retention of existing native vegetation and, where possible, increase the extent of native vegetation.

PDC23 Any essential clearance of native vegetation should be accompanied by conservation initiatives, such as replanting with indigenous native vegetation, to ensure the overall result is a biodiversity gain.

PDC26 The following kinds of development are non-complying in the Hills Face Zone, including alterations and additions to an existing building on its existing site: Land Division

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COUNCIL WIDE

Form of Development

OB 1: Orderly and economic development.

OB 6: Protection of productive primary production land from conversion to non- productive or incompatible uses, and encouragement of full-time farming of rural land.

PDC1 Development should be in accordance with the Adelaide Hills Structure Plan, Map AdHi/1(Overlay 1).

PDC2 Development should be orderly and economic.

Land Division

OB 10: Land in appropriate localities divided into allotments in an orderly and economic manner.

PDC28 Land should not be divided: (a) in a manner which would prevent the satisfactory future division of the land, or any part thereof; (b) where community facilities or public utilities are lacking or inadequate; (c) where the proposed use of the land is the same as the proposed use of other existing allotments in the vicinity, and a substantial number of the existing allotments have not been used for that purpose; (d) where the overall natural slope of the land in any proposed allotment is steeper than a gradient of 1 in 4, except where shown on Residential (Glen Stuart Road) Concept Plan Figure R/1. (e) if the proposed use, or the establishment of the proposed use, is likely to lead to erosion of the land in the vicinity thereof; (f) unless wastes produced by the proposed use of the land can be managed so as to prevent pollution of a public water supply or any surface or underground water resources; (g) if the slope and soil structure of the land is unsuitable for septic tank effluent disposal where required; (h) if the size, shape and location of, and the slope and nature of the land contained in each allotment resulting from the division is unsuitable for the purpose for which the allotment is to be used; (i) if any part of the land is likely to be inundated by floodwaters and risk of flooding is inappropriate to the intended use of the land; (j) without due regard being given to the surface drainage of each allotment created ; (k) if it will lead to the sterilisation of mineral resources; (l) where there would be detrimental effect to the character, integrity and heritage value of the land or detract from buildings or gardens of recognised heritage significance land identified/listed in Tables AdHi/1 and 2; or

PDC29 When land is divided:

(a) any reserves or easements necessary for the provision of public utility services should be provided; (b) proposed roads should be graded, or be capable of being graded to connect safely and conveniently with an existing road or thoroughfare; (c) for urban purposes, provision should be made for suitable land to be set aside for usable local open space; 15 Development Assessment Commission AGENDA ITEM 2.2.3 15 June 2017

(d) provision should be made for a reserve of at least 30 metres in width along the watercourse when measured from the top of the bank; (e) each allotment resulting from the division should be provided with safe and convenient access to the carriageway of an existing or proposed road or thoroughfare. No allotment should be solely dependant upon a private road, or right of way, for access; (f) a water supply sufficient for the purpose for which the allotment is to be used should be made available to each allotment; and (g) provision should be made for the disposal of waste waters, sewage and other effluent on each allotment without risk to health.

PDC30 Allotment boundaries should be located where interference with native vegetation and drainage lines will be minimal and in locations which enhance the management of the natural features.

PDC31 No land division should take place where the subsequent development of the land may lead to or result in the exploitation or pollution of a water resource.

PDC32 Land division should only occur where the land is suitable for its intended or particular use.

PDC36 The design of a land division should be capable of or provide for:

(a) minimised impact on landform and drainage systems; (b) land affected by a 1:100 ARI flood event being kept free from development; (c) a stormwater drainage system that: (i) does not increase the flow rate downstream; and/or (ii) where practicable, stormwater flows to be retained and detained for re-use close to its source including possible aquifer storage and re- use; (d) maximised interception, retention and removal of water-borne pollutants (including sediment, litter, nutrients, microbial contaminants and other potential toxic materials) prior to their discharge to receiving water; (e) the continuation of or assisting in the establishment or restoration of healthy and diverse wetland environments; (f) preventing the potential for sewage overflows to enter the system; (g) maximising opportunities for aquifer recharge; and (h) utilisation of opportunities for storing, treating and retrieving stormwater run-off for subsequent use.

PDC37 The arrangement of roads, allotments, reserves and open space should enable the provision of a stormwater drainage system that:

(a) retains and protects natural watercourses, drainage lines and vegetation; (b) incorporates detention1 and/or retention2 basins necessary to maintain the peak volume and rate of peak flow run-off from newly developed areas at levels as near as possible to those which existed prior to urban development; (c) provides, where feasible, for aquifer recharge; (d) enhances residential amenity; (e) integrates with the open space system and surrounding area; and (f) directs stormwater generated from roads and car parks through natural stormwater treatment and devices such as swales, bio-retention systems and wetlands.

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PDC38 The creation of an additional allotment (by way of a non-complying development application) will only be considered for allotments containing two existing dwellings if at least one of the existing dwellings is identified as a local heritage place in Table AdHi/2 or as a state heritage place in Table AdHi/1 and where:

(a) each dwelling is habitable without needing any significant improvements; and (b) the adaptation of a local or state heritage place to a new use involves additional construction, part demolition, or alterations to the fabric of the place, and those changes do not detract from, nor destroy the cultural significance of the place; and (c) any allotment created has a frontage to a public road; and (d) the current Valuer General’s records indicate that more than one dwelling exists on the property and Council records do not indicate that the use of those dwellings has changed; and (e) each building has been erected initially as a dwelling (or has been approved for use as a dwelling) and has not been erected for any other purpose; and (f) the newer of the dwellings should not have been constructed for the purpose of replacing the older dwelling.

Transportation (Movement of People and Goods) OB 14: A compatible arrangement between land uses and the transport system which will: (a) ensure minimal noise and air pollution; (b) protect amenity of existing and future land uses; (c) provide adequate access; (d) ensure maximum safety; and (e) protect roadside vegetation.

OB 20: The safe and efficient movement of people and goods.

PDC 43 Development and associated points of access and egress should not cause interference with the free flow of traffic on adjoining roads.

Public Utilities OB 22: Economy in the provision of public services.

17 SUBJECT LAND & LOCALITY

A6 A19 C O R K S CR EW RD A20 A100

A21 A18

A22

AB A23

MONTACUTE RD S471

A55

A87

A100

W(PP)

A84

A3

S1012 A85

A52

A86 A83

M O N T A C U T E

A10 R

D

MONTACUTE

Q56 A68

A75 Environmental Constraint Primary Production / Mining Local government boundary HF Zoning Cadastre (2016) Main road A100 Other road ! Major towns ! Other towns and localities

± 0 0.1 km S491

A76 Produced by Department of Planning, Transport and Infrastructure.

Valuation derived data has been supplied A101 by DPTI and is current to 30 June 2016. Topographic data supplied by DEWNR, DPTI and Geoscience Australia. Imagery supplied by Government of South Australia.

A73

A57

A52

© Government of South Australia 2017. No part of this document may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, without the prior written permission of the publisher, Department of Planning, Transport and Infrastructure. While every reasonable effort has been made to ensure that this document is correct at the time of publication, the State of South Australia and its agencies, instrumentalities, PLN ID: 2546 employees and contractors disclaim any and all liability to any person in respect to anything or the consequence of anything done or omitted to be done in reliance upon the whole or any part of this document.

2017­6­8 Application Detail

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Application Detail Hide All General Hide Unique Id : 57660 Development No : 473/D012/17 Application Type : Conventional Land Division Application Extent : Provisional Development Plan Consent with Land Division Consent Land Use/Building Consent : No Council Name : Adelaide Hills Council Agents Reference : 18807 Short Reference : Marrone 990 MontMontacu Submitting Agents Name : John C. Bested & Associates PTY LTD Submitted By : John Bested, John C. Bested & Associates PTY LTD Application Status : Lodged & Distributed (No Decision)

Application Type Details : Conventional Land Division Hide Total Area of Land to be Divided : 7.185 hectares Reserve Area : 0 hectares Number of existing allotments : 1 Number of proposed allotments (excluding road 2 and reserve) : Number of additional allotments : 1

Applicant Details Hide Salutation Name Organisation Name Address Mr Cosimo Bernardino Marrone c/­ John C Bested & Associates Pty Ltd 362 Magill Road Kensington Park 5068 South Australia AUSTRALIA

Owner Details Hide Salutation Name Organisation Name Address Mr Cosimo Bernardino Marrone c/­ John C Bested & Associates Pty Ltd 362 Magill Road Kensington Park 5068 South Australia AUSTRALIA

Contact Details Hide Salutation Name Address Telephone Fax Email Mr John Bested 362 Magill Road Telephone 1 : Fax 1 : [email protected] Kensington Park 5068 8332 7111 8364 1829 South Australia AUSTRALIA Telephone 2 : Fax 2 :

Mobile :

Subject/Property Details Hide

House No. : 990 Lot No. : Street : Montacute Road Suburb/Town Montacute Hundred: Adelaide & Onkaparinga Reference Section:

Title Reference and Plan Parcel Title Code Title Description Volume Folio Plan Code Plan Description Plan No. Parcel No. CT Certificate of Title 6100 554 F Filed Plan 101632 A10

Other Details Hide

Existing Use : Existing house and sheds Description of Proposed Development : Land division Does either schedule 21 or 22 of the No https://www.edala.sa.gov.au/edala/EDALA.aspx?PageMode=ApplicationDisplay&ApplicationId=57660 1/3 2017­6­8 Application Detail Does either schedule 21 or 22 of the No Development Regulations 1993 apply? : Refer to attached Statement of Support from Access Planning. Notes : $1122.60 (1 additional ­ No DAC Consult Report Paid) ­ paid with Cheque ­ Cosimo Marrone ­ 200073. GR 13/04/2017 Additional Information Requests :

Additional Fees and Payments :

Lodgement Date : 13 Apr 2017 Months for Development Approval Request : 12

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Categorised By : Brett Miller Categorisation Date : 08 May 2017

Distribution Details Hide Referral Agency Referred to Agent First Accessed Referral State Due Date Response Adelaide Hills Council 01 May 2017 03 May 2017 Nearing Overdue 12 Jun 2017 Show

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Fee Line Type Description Total Fee ($) Lodgement Fee (additional allotment) 205.00 Land Division Fee (additional allotment) 155.00 Land Division Fee (per Additional Allotment) 14.60 Statement of Requirements Fee (additional allotment) 408.00 Certificate of Approval Fee (additional allotments) 340.00

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CoA Clearance Requirement Description CoA Id Stage Agency Distribution Status Detail No. Name Date SA Water has no requirements pursuant to the Development Act. 52302 001 SA Water Corporation No Requirements NO DIRECT WATER OR SEWER AVAILABLE

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Application Documents Hide Document Title Document Type Version # State File Size (Kb) Date Uploaded Notes proposal plan Proposed Plan of Division 1 Uploaded 80.5100000 05 Apr 2017 Show

ct 6100­554 Certificate of Title/Lease 1 Uploaded 68.3200000 05 Apr 2017 Show

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Registrar-General Certificate of Title - Volume 6100 Folio 554 Parent Title(s) CT 5113/502 Dealing(s) PS 11817783 Creating Title Title Issued 24/09/2012 Edition 1 Edition Issued 24/09/2012 Estate Type FEE SIMPLE Registered Proprietor COSIMO BERNARDINO MARRONE OF 334 MAGILL ROAD KENSINGTON PARK SA 5068 Description of Land ALLOTMENT 10 FILED PLAN 101632 IN THE AREA NAMED MONTACUTE HUNDRED OF ADELAIDE Easements SUBJECT TO EASEMENT(S) OVER THE LAND MARKED A TO THE ELECTRICITY TRUST OF SOUTH AUSTRALIA (T 1799204) Schedule of Dealings Dealing Number Description 11817784 MORTGAGE TO AFSH NOMINEES PTY. LTD. Notations Dealings Affecting Title NIL Priority Notices NIL Notations on Plan NIL

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20th February 2017

Ref: 6739 Reg17(1)

The Chief Executive Officer Development Assessment Commission PO Box 1815 ADELAIDE SA 5001

Attention Mr. Tom Victory

RE: APPLICATION FOR LAND DIVISION AT 990 MONTACUTE ROAD, MONTACUTE SA 5134

1.0 INTRODUCTION

I have been engaged by the applicant Cosimo Marrone, to provide planning advice in relation to the abovementioned Development Application.

The subject land is situated within the Hills Face zone as depicted on Zone Map AdHi/9 of Council’s Development Plan, as consolidated 28 April 2016.

An application for land division is a non-complying form of development in the Hills Face zone.

As it is a non-complying form of development, the applicant has requested that we furnish Council with a brief statement of support of the development, prepared in accordance with the requirements of Regulation 17(1) of the Development Regulations 2008.

The statement describes in broad terms, the nature of the proposal and provides reasons as to why the application should be considered for a full assessment by Council, notwithstanding its non- compliance status.

2.0 SUBJECT LAND AND LOCALITY

The Subject Land: The subject land consists of one allotment formally identified as Allotment 10 in Filed Plan 101632 in the area named Montacute, Hundred of Adelaide (as contained within Certificate of Title Volume 6100, Folio 554). The land is more commonly known as 990 Montacute Road, Montacute.

The land is located in the Hills Face Zone, as identified in Map AdHi/9 of Councils Development Plan (see figure 1). The land abuts the Watershed (Primary Production) Zone to the immediate east.

The land is of an irregular shape and has an area of approximately 7.3 hectares. It has two road frontages, a frontage to Montacute Road in the east of approximately 180 metres, and a frontage to Institute Road to the west of approximately 204 metres.

The land falls from east to west, commencing with gentle slope from Montacute Road, gradually steepening to the middle section of the land then levelling out again adjacent to Institute Road.

The land is subject to an easement in the western portion of the allotment, running across the site from north to south. This easement is 4.02 metres wide and has been established to accommodate an overhead power line.

The subject land is serviced by two access points, one from Montacute Road leading to the existing dwelling on the land and the other from Institute Road which leads to stables, sheds, a small outbuilding which appears to have been occupied at one time as a residence, together with a dam, horse training facilities and paddocks. These access points are joined by an internal road running through the site which is steep in parts and not passible in wet weather.

As discussed above the land currently contains two separate clusters of development, one in the eastern portion of the allotment and the other in the western.

The eastern portion of the allotment contains a large dwelling with a carport, pool and stand-alone three car garage.

The western portion of the allotment contains horse keeping development including a number of sheds, stables, office space, and a horse yard. There is also a dam.

The land separating these clusters of development is steep and is given over to native vegetation and a small pine forest (see figure 2).

Figure 1: Map AdHi/9 Source: Adelaide Hills Development Plan

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Figure 2: Road linking dwelling and horse keeping development on the lower slopes of the property. The track steepens considerably further down the hill

Figure 3: Entry to the land from Institute Road 3

Figure 4: The subject land showing the extent of development adjacent to Institute Road, including sheds, stables and a building previously used as a dwelling in the left background.

Both areas of development on the land have access to separate sources of power, water and telecommunications.

The Locality:

The locality comprises predominately larger, essentially rural living allotments, the vast majority of which accommodate houses and some form of small scale, mainly horticultural land uses. Most of the larger allotments in the locality are covered in native vegetation.

The size of allotments varies with a number of allotments which are larger than the subject land and some which are substantially smaller (see figure 3). As can be seen in figure 3 the allotment sizes in the locality range from 0.3 hectares to 24.7 hectares.

Adjoining the property to the north is the Montacute Institute building.

Institute Road is a narrow, two lane local road running along a valley floor and ending eventually in dead end some 2 kilometres south of the subject land.

The locality otherwise compromises undulating terrain, steep in places, with development aligned along the ridges or valleys and adjacent to the road network.

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Figure 3: Approximate allotment areas in the locality Source: www.maps.sa.gov.au

3.0 THE PROPOSED DEVELOPMENT

The proposed development is to create two allotments from one existing. Effectively the proposal will separate the land so as the existing separate clusters of development will be contained within their own allotments.

The applicant has stated that the only way to access the horse keeping development in the western portion of the allotment is via Institute Road. This is due to the internal road becoming unusable due to recent storm events eroding the road to a degree which makes it unsafe to use by other than a 4 wheel drive vehicle. In addition, the steep nature of the site has led to maintenance of the access track being difficult to undertake. In this respect the allotment has been operating as two separate entities for some time.

Due to the difficulty accessing the western portion of the allotment the horse keeping activity has been temporarily suspended although there is keen interest in horse keeping and training continuing on the property.

The applicant’s intention to divide the land is to provide for the construction of a new dwelling in the western portion of the allotment, which will mean that this part of the allotment and the existing development located thereon will be able to be utilised and maintained.

The applicant would contemplate creating a larger second allotment by moving the proposed boundary east but due to concerns regarding native vegetation clearance along the new proposed boundary it was considered more appropriate to locate the boundary closer to the existing horse keeping development.

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The proposed division plan is indicative only and a full surveyed division plan will be provided to council should they resolve to proceed with the assessment of this application.

To avoid the loss of native vegetation as a consequence of fencing, it is proposed that an encumbrance be placed on the land if the land division is approved requiring that the boundary between the two properties not be fenced where it would affect the preservation of existing vegetation.

Approximate allotment features have been provided in the following table:

Allotment Size (ha) Frontage (m) Lot 101 3.65 180m to Montacute Road Lot 100 3.53 204m to Institute Road

Figure 4: Approximate proposed allotments Source: www.maps.sa.gov.au

Unlike adjoining land which has been largely cleared for horticultural use, the subject land contains little cleared area that can be readily developed for this purpose.

4.0 BRIEF ASSESMENT OF THE MERITS OF THE PROPOSAL

Notwithstanding that the proposal represents a non-complying development, it is noted that the proposed division of the land has sufficient merit in my view to warrant a full assessment by the Development Assessment Commission.

Firstly, as identified in figure 2 the proposed land division would not be inconsistent with the established pattern of development in the locality. A number of allotments are smaller than that proposed.

Furthermore, each allotment is provided with access to a public road and is capable of being adequately serviced and supporting a dwelling. 6

As discussed above the nature of the site and the existing internal access arrangement has become unusable and the existing dwelling near Montacute Road has effectively been located on its own 'site' and sits as if it were already on a separate allotment. The land is well in excess of the land owners needs and the intention is to reduce the excessive land holdings, which is effectively inaccessible from one proposed section to another.

The subject land is located at the periphery of the Hills Face Zone, its location in a valley is such that any development on the proposed new allotment will not impact on the urban backdrop for Metropolitan Adelaide.

More particularly the new allotment is able to be developed in such a way that no vegetation is required to be removed as their ample cleared area to accommodate a dwelling and there are already numerous outbuildings on the land in question, and;

 The land is already services with essential infrastructure;  The natural character of the area will not be impacted as the land is already developed with numerous buildings, including one which has previously been used as a dwelling;  The land is cleared and has available ample water supplies, with a number of road exit routes in the event of fire;  Ample room is already available for access to and the manoeuvring of fire fighting vehicles;  A house and any effluent disposal is able to be sited away from the creek that runs through the property;  Sufficient flat land is available to enable the construction of a dwelling with minimal cutting and filling;  Driveway access to the land already exists;  The land is not subject to flooding;

5.0 SUMMARY

Notwithstanding its non-complying status and having regard to the above, the proposal is considered to be an appropriate form of development for the subject land as the proposed development:

In particular, the characteristics of the land and locality are sufficiently unusual in respect to the Hills Face zone generally for the Council to consider proceeding with an assessment of the application pursuant to Regulation 17.

Given the above, I ask that Council recognize the particular circumstances of the locality and lend its support to an application, which is entirely appropriate when compared to the nature, size and pattern of land division within the area.

6.0 CONCLUSION

Having regard to the foregoing brief assessment and to the specific attributes of the proposal, I am of the opinion that the development does not prejudice the intent of the policies applying to land within the Hills Face Zone.

The development is therefore not, in my view, at serious variance with the provisions of the Development Plan.

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I therefore consider the proposal to be an appropriate form of development, worthy of further consideration by Council.

Should you have any further enquiries about this report, please do not hesitate to contact me on 81307222, or alternatively via email on [email protected]

Yours faithfully,

David Hutchison ACCESS PLANNING PTY LTD

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