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Cosimo Marrone Land Division (1 Into 2) Creation of 1 Additional Allotment 990 Montacute Road, Montacute

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Cosimo Marrone Land Division (1 Into 2) Creation of 1 Additional Allotment 990 Montacute Road, Montacute 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: 3 Development Assessment Commission AGENDA ITEM 2.2.3 15 June 2017 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 6 Development Assessment Commission AGENDA ITEM 2.2.3 15 June 2017 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.
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