DAC AGENDA ITEM 3.1 Applicant: D’arenberg Wines Proposal: Land Division – Concurrence – DA 145/D016/13 Division of land – 3 allotments into 3 allotments – Hills Face Zone & Rural Zone Officer: Simon Neldner Statutory Planning Branch – Planning Division Department of Planning, Transport & Infrastructure TABLE OF CONTENTS PAGES AGENDA REPORT 2-20 ATTACHMENTS LOCALITY PHOTO 21 ZONE + DEVELOPMENT PLAN MAPS 22-24 APPLICATION DOCUMENTS & PLANS 25-61 AGENCY ADVICE – DAC & SA WATER 62-63 COUNCIL ADVICE 64-81 12 June 2014 DAC AGENDA ITEM: 3.1 Application No: 145/D016/13 Applicant: D'arenberg Wines Proposal: Land Division [3 into 3] Subject Land: Whitings Road, Blewitt Springs Relevant Authority: Council Role of the Commission: Pursuant to Section 35(3) of the Development Act 1993, the Commission has been requested to concur with the Council's decision to grant Development Plan & Land Division consent. Zone / Policy Area: Hills Face Zone & Rural Zone – no policy area. Categorisation: Non-Complying Notification: Category 3 Lodgement Date: 1 February 2013 Council: City of Onkaparinga Development Plan: 24 January 2013 Referral Agencies: SA Water Officers Report: Simon Neldner Recommendation: NOT CONCUR PLANNING REPORT 1. PROPOSAL To undertake a division of land (3 into 3) – no additional allotments are to be created. The subject land comprises three allotments (Lots 2, 89, 100) with a combined area of 22.93ha. It is proposed to re-align the current allotment boundaries to create three allotments of 4255m2 (Allotment 22), 1.16ha (Allotment 20), and 21.3ha (Allotment 21). All proposed allotments have a frontage to and access from Whitings Road. Allotment 20 is a proposed rural residential allotment. Allotment 21 is formed from the amalgamation of the balance of Allotments 2 and 89. Allotment 22 is formed from a small increase from existing Allotment 100 to rectify an encroachment issue which exits in current Allotment 89. This allotment already contains a dwelling and for the purposes of this assessment report and recommendation is not relevant (as there is no change of any planning consequence). Page | 2 12 June 2014 In summary, the main intent of the proposed re-arrangement of allotment boundaries is to provide for a smaller rural living type allotment on proposed A20 (with a building envelope that delineates a possible future dwelling site and separation distances to an adjusted vineyard area) and amalgamate the balance of the land to comprise the remaining vineyards (21.3ha). There are no State Government interests or registered easements on the subject land. Current Allotment 2 was previously subdivided in July 1946 and again in January 1971 to create two additional allotments on Whitings Road (A100 in FP153386; and adjoining A1 in FP153387), which both contain dwellings, with the balance of this land remaining for primary production purposes. Application details are contained in the ATTACHMENTS. Previous application - 145/D049/08 On 13 September 2012, the Development Assessment Commission considered a concurrence request by the Council on essentially the same land (excluding the small portion of current Allotment 100 with this subdivision), that sought to re-align existing allotment boundaries to create two allotments of 20.42ha (Lot 51) and 2.103ha (Lot 50). Access to both allotments would have been from Whitings Road. Following a review of the documentation and consideration of an independent planning report, the Commission resolved not to concur with the decision of the City of Onkaparinga to grant Development Plan Consent and Land Division Consent. The creation of a rural living type allotment, within an existing vineyard, was not viewed as a minor re-alignment of allotment boundaries to support an existing rural enterprise, but rather for a rural residential purpose, nor was the proposal found to assist in the preservation and enhancement of natural or rural character in the Hills Face Zone. The applicant withdrew the proposal following the Commission's decision not to concur. For comparative purposes, a representation of this previous application and the current proposal before the Commission (as it relates to the arrangement of the rural residential allotment) is contained in the assessment section (Figure 1). Page | 3 12 June 2014 2. DEVELOPMENT PLAN POLICY SUMMARY The subject site is located within the Hills Face Zone and the Rural Zone of the Onkaparinga (City) Development Plan (Consolidated 24 January 2013). Land division within the Hills Face Zone is a non-complying form of development - noting that only a small portion of the subject land is within the Rural Zone (south-eastern corner). The Hills Face Zone seeks the preservation and enhancement of natural character and to accommodate low-intensity agricultural activities. Each development should be assessed on the extent to which it preserves and enhances the natural character or, more importantly, assists in the re-establishment of a natural character, rather than on the basis of a comparison with existing development in its locality. The Hills Face Zone is not a residential zone. The Rural Zone seeks the maintenance and enhancement of the natural resources of the zone and the protection of productive agricultural land from conversion to non-productive or incompatible uses. Development should primarily be limited to that which is essential for the maintenance of sustainable grazing, commercial forestry and mixed agricultural activities. Council-Wide objectives of relevance include: Hazards, Interface between landuses, Land Division, Natural Resources, Orderly and Sustainable Development, Transportation and Access and the Character Preservation District. The subject land is within both a Medium Bushfire Risk area (Refer Onka (BPA)/14) and the Character Preservation District (Refer Onka(CPD)/1). 3. DESCRIPTION OF THE SITE AND LOCALITY The subject site is located at Whitings Road, Blewitt Springs and is described as follows: Lot No Street Suburb Hundred CT Reference 2, FP153388 Whitings Road Blewett Springs Willunga CT 5415/635 89, FP153375 Whitings Road Blewett Springs Willunga CT 5415/650 A100, Whitings Road Blewett Springs Willunga CT 5650/984 FP153386 Current Allotment 100 contains an existing dwelling. No dwellings are located on either Allotment 2 or Allotment 89, but two smaller outbuildings and a dam are situated on the later parcel. Both of the primary production allotments are accessible from Whitings Road, with an existing access track along the southern boundary of Allotment 89. This access track is to be retained. The majority of the arable or farmed area is planted to vines, with some native vegetation situated in the centre of the land (along an existing creek line that bisects the land north to south). This existing stand of native vegetation forms part of a corridor which links with other rural land holdings, extending to and connecting with the Onkaparinga River National Park to the north. Land uses within the locality are predominately related to primary production – mostly for viticultural purposes – on larger allotments with smaller rural-residential properties or homesteads interspersed across an undulating rural landscape. Significant areas of land have been previously set aside for conservation purposes, whilst the majority of other native vegetation is confined to existing creeklines and along road reserves (that contributes to the overall rural character of this locality within the McLaren Vale region). There are no registered easements or other encumbrances over the land. Locality photograph is contained in the ATTACHMENTS. Page | 4 12 June 2014 4. AGENCY COMMENTS SA Water No requirements - no water/sewer service available DPTI - Planning Services Two copies of a certified survey plan. Agency comments are contained in the ATTACHMENTS. 5. NOTIFICATION The Council assessed the proposal as a Category 3 development. No representations were received following notification of the development application in the Adelaide Advertiser. 6. COUNCIL COMMENTS The Council considered the matter under delegated authority and resolved to grant Planning Consent and Land Division Consent subject to two conditions and one land division requirement and the concurrence of the Development Assessment Commission. The Council has advised that the applicant will enter into a Land Management Agreement (LMA) which obliges the owner of Allotment 20 to build within the designated building envelope, acknowledge the existence of commercial vineyards on surrounding land and establish and maintain a vegetative buffer around the sides and rear of any prospective dwelling. A copy of the Council planning officer's report and draft Land Management Agreement are contained in the ATTACHMENTS. 7. PLANNING ASSESSMENT An assessment against relevant provisions of the Development Plan is provided below. Planning policies referred to in this assessment are contained at the conclusion of this report. The applicant has provided a detailed Statement of Effect from Ben Green and Associates and the Council has also forwarded a delegated staff report for the Commission's consideration. These reports provide the full background to the proposal. The majority of the land and the proposed division (that seeks to realign the boundaries of the existing allotments to create Allotment 20 for a rural living purpose) are all within the Hills Face Zone. These policies are seen to be the most critical to an assessment, along with Council wide policies relating to interface between landuses, land division,