132 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING Present Presiding Member Professor Stephen Hamnett Members Piers Brissenden Linda Green Rob McBryde In Attendance Deryn Atkinson Assessment Manager Sam Clements Team Leader Statutory Planning Doug Samardzija Statutory Planner Susan Hadley Statutory Planner Karen Savage Minute Secretary 1. Commencement The meeting commenced at 6.30pm 2. Apologies/Leave of Absence 2.1 Apologies Simon Bradley 2.2 Leave of Absence Piers Brissenden advised he will be an apology for the meeting on 13 December 2017 3. Previous Minutes 3.1 Meeting held 3 October 2017 The minutes were adopted by consensus of all members (42) That the minutes of the meeting held on 3 October 2017 be confirmed as an accurate record of the proceedings of that meeting. Presiding Member 13 December 2017 133 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING 4. Delegation of Authority Decisions of this Panel were determined under delegated authority as adopted by Council on 26 September 2017. 5. Presiding Member’s Report Nil 6. Declaration of Interest by Members of Panel Linda Green declared a conflict of interest in Item 8.5, 1 Lobethal Road, Lot 15 Lobethal Road and 32 Jeffrey Street, Lobethal. In her role as an Elected Member of the Adelaide Hills Council, and Chair of the AHBTC Advisory Group, she has been involved in decisions about this matter and it could be perceived that she could gain a personal benefit. She will absent herself from the meeting when this matter is considered. 7. Matters Lying on the Table/Matters Deferred 7.1 Matters Lying on the Table Nil 7.2 Matters Deferred Nil 8. Development Assessment Applications 8.1 Development Application 16/172/473 by NBN Co Limited for telecommunications facility (40m monopole), security compound fence (maximum height 2.4m), 2 x outdoor equipment units and associated facilities (non-complying) at 65 Boundary Drive, Carey Gully 8.1.1 Representations Name of Representor Address of Representor Nominated Speaker David & Susan Gray 80 Boundary Drive Personally Carey Gully Robin Bruce Coles 77 Boundary Drive David Gray Carey Gully The applicant’s representatives, Lauren Nicholson (Aurecon Australasia Pty Ltd) and Matt Evans (NBN Co) addressed the Panel. Presiding Member 13 December 2017 134 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING 8.1.2 Decision of Panel The following recommendation was adopted by consensus of all members (43) The Council Assessment Panel considers that the proposal is not seriously at variance with the relevant provisions of the Adelaide Hills Council Development Plan, and seeks the CONCURRENCE of the State Commission Assessment Panel to GRANT Development Plan Consent to Development Application 16/172/473 by NBN Co Limited for Telecommunications facility (40m monopole), security compound fence (max height 2.4m), 2 x outdoor equipment units & associated facilities (non- complying) at 65 Boundary Drive Carey Gully subject to the following conditions: (1) Development In Accordance With The Plans The development herein approved shall be undertaken in accordance with the following plans, details and written submissions accompanying the application, unless varied by a separate condition: Statement of Effect, reference NBN-5STZ-5LEN-5103 – Carey Gully, date stamped as received by Council on 22 May 2017 Cover sheet, Drawing Number 5LEN-51-03-CARE-T1, Revision 02, date stamped as received by Council on 7 March 2016 Site specific notes, Drawing Number 5LEN-51-03-CARE-T1, Revision 02, date stamped as received by Council on 7 March 2016 Overall site plan, Drawing Number 5LEN-51-03-CARE-C2, Revision 02, date stamped as received by Council on 7 March 2016 Site set-out plan, Drawing Number 5LEN-51-03- CARE-C3, Revision 02, date stamped as received by Council on 7 March 2016 Site elevation and details, Drawing Number 5LEN-51-03- CARE-C4, Revision 02, date stamped as received by Council on 7 March 2016 NBN Antenna Configuration & set-out plan, Drawing Number 5LEN-51-03- CARE-A1, Revision 02, date stamped as received by Council on 7 March 2016 Vegetation Clearing Plan, Drawing Number 5LEN-51-03-CARE-C7, Revision A, date stamped as received by Council on 3 November 2017 REASON: To ensure the proposed development is undertaken in accordance with the approved plans. (2) EPA Soil Erosion and Drainage Management Prior to Building Rules Consent a Soil Erosion and Drainage Management Plan (SEDMP) must be prepared and submitted to the reasonable satisfaction of the Adelaide Hills Council and must be implemented in accordance with the Code of Practice for the building and construction industry http://www.epa.sa.gov.au/files/47790_bccop1.pdf to prevent soil sediment and pollutants leaving the site during the construction phase. Presiding Member 13 December 2017 135 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING NOTES (1) Development Plan Consent This Development Plan Consent is valid for a period of twelve (12) months commencing from the date of the decision (or if an appeal has been commenced, the date on which the appeal is determined, whichever is later). Building Rules Consent must be applied for prior to the expiry of the Development Plan Consent, or a fresh development application will be required. The twelve (12) month period may be further extended by written request to, and approval by Council. Application for an extension is subject to payment of the relevant fee. (2) Works On Boundary The development herein approved involves work within close proximity to the boundary. The onus of ensuring development is in the approved position on the correct allotment is the responsibility of the land owner/applicant. This may necessitate a survey being carried out by a licensed land surveyor prior to the work commencing. (3) Erosion Control During Construction Management of the property during construction shall be undertaken in such a manner as to prevent denudation, erosion or pollution of the environment. (4) Roadside Marker System The road reserve adjacent to the property is a blue marker site under the Roadside Marker System, indicating that it contains native vegetation of conservation significance and is protected under the Native Vegetation Act. No alteration to the vegetation within the blue marker site is to be undertaken without permission from Council. (5) Requirement For Separate Application To Construct Access Whilst the location of any alterations to Boundary Drive (including within road reserve areas) has been authorised in this development consent, it does not approve any alteration to the road or clearance of vegetation under section 221 of the Local Government Act 1999. An “Application to Construct Access to a Private Property” is required to be lodged (including payment of a lodgement fee) and approved by the Council prior to the undertaking of any works. Council’s crossing place and reinstatement requirements are contained within the application form. (6) EPA Environmental Duty The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act 1993, to take all reasonable and practical measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes, or may cause, environmental harm. Presiding Member 13 December 2017 136 ADELAIDE HILLS COUNCIL MINUTES OF COUNCIL ASSESSMENT PANEL MEETING TUESDAY 7 NOVEMBER 2017 63 MT BARKER ROAD, STIRLING (7) The applicant is advised that the Environment Protection (Water Quality) Policy 2015 came into effect on 1 January 2016. Therefore, all reasonable and practicable measures must be put in place to prevent or minimise environmental harm during the construction process. The Environment Protection (Water Quality) Policy 2015 can be found at: https://www.legislation.sa.gov.au/LZ/C/POL/Environment%20Protection%20(Water% 20Quality)%20Policy%202015.aspx. (8) Department of Environment, Water & Natural Resources (DEWNR) – Native Vegetation Council Note The applicant is advised that any proposal to clear, remove limbs or trim native vegetation on the land, unless the proposed clearance is subject to an exemption under the Regulations of the Native Vegetation Act 1991, requires the approval of the Native Vegetation Council. The clearance of native vegetation includes the flooding of land, or any other act or activity that causes the killing or destruction of native vegetation, the severing of branches or any other substantial damage to native vegetation. For further information visit: www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_nat ive_vegetation Any queries regarding the clearance of native vegetation should be directed to the Native Vegetation Council Secretariat on 8303 9777. This must be sought prior to Full Development Approval being granted by Council. 8.2 Development Application 17/488/473 by D’Andrea & Associates SA Pty Ltd for demolition of existing buildings and construction of single storey detached dwelling, swimming pool, tennis court, tennis court fence (maximum height 3.6m) and alfresco viewing pavilion, combined fence/retaining walls (maximum height 2.7m) and associated earthworks at 20 Arcoona Avenue, Rostrevor 8.2.1 Representations Name of Representor Address of Representor