ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING 13 December 2016 CONFIDENTIAL AGENDA BUSINESS ITEM Item: 19.1 Originating Officer: Mike Flehr, Senior Strategic & Policy Planner Responsible Director: Marc Salver, Director Strategy & Development Subject: Local Heritage – Public Places DPA – Submission to Minister for Consultation Approval For: Decision 1. Local Heritage – Public Places DPA – Submission to Minister for Consultation Approval – Exclusion of the Public Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except: CEO, Andrew Aitken Director Engineering & Assets, Peter Bice Director Strategy & Development, Marc Salver Director Corporate Services, Terry Crackett Director Community & Customer Service, David Waters Executive Manager Governance & Risk, Lachlan Miller Minute Secretary, Pam Williams be excluded from attendance at the meeting for Agenda Item 19.1: (Local Heritage – Public Places DPA – Submission to Minister for Consultation Approval) in confidence. The Council is satisfied that it is necessary that the public, with the exception of Council staff in attendance as specified in (a) above, be excluded to enable Council to consider the report at the meeting on the following grounds: Section 90(3) (m) of the Local Government Act, the information to be received, discussed or considered in relation to this Agenda Item is property based information the disclosure of which could reasonably be expected to compromise public and private property decisions and potentially lead to the premature demolition of proposed heritage places. Accordingly, on this basis the principle that meetings of the Council should be conducted in a place open to the public has been outweighed by the need to keep the information and discussion confidential. 2. Local Heritage – Public Places DPA – Submission to Minister for Consultation Approval – Confidential Item Page 1 Adelaide Hills Council – Ordinary Meeting 13 December 2016 CONFIDENTIAL ITEM – Local Heritage – Public Places DPA – Submission to Minister for Consultation Approval SUMMARY In discussion at the Committee meeting on 21 June 2011, it was resolved that the Local Heritage DPA will be undertaken in the following three stages: 1. proposed local heritage places owned by public or church organisations (41 places) 2. proposed local heritage places owned by the public (277 places), and 3. local heritage places proposed as a result of the Story of the Hills project (95 places). This report introduces the first stage of the Local Heritage DPA, to be forwarded to the Minister for approval to go on public consultation. The list of proposed heritage places includes 41 proposed heritage places in public or church ownership, and updated details for the 201 places already on Table AdHi/2 Local Heritage Places. A total of 242 heritage places are addressed in this DPA. Of these, 201 existing items have updated information relating to Certificate of Title, Plan and Lot numbers, or updated rural addressing. The remaining 41 are new items in public or church ownership proposed as heritage places by either the Onkaparinga Valley or Torrens Valley Heritage Surveys undertaken in 2003. The Stage Two DPA will address proposed heritage places in private ownership. Of the 41 places proposed as new Heritage Places, 13 are churches or church halls or church houses, 6 are public buildings (5 school buildings and a Police station), 6 are bridges, 3 are public memorials, 4 are former commercial places, 5 are community halls or institutes, 3 are infrastructural, and 1 is residential. Of these, 12 are not habitable structures (i.e. bridges, infrastructure, memorials and a weighbridge), while the rest have church or public functions. RECOMMENDATION The Council resolves: 1. That the report be received and noted 2. To approve the Local Heritage – Public Places Development Plan Amendment (DPA), as contained in Appendix 1 for submission to the Minister for Planning for approval to go to agency and public consultation 3. That the Minister for Planning be requested to grant interim operation of the Local Heritage – Public Places DPA pursuant to Section 28(1) of the Development Act 1993 for the reason that in the interests of orderly and proper planning, the ability to lodge development applications for any additions or alterations to any of the buildings affected by this DPA be removed until this DPA process is completed 4. That the Director Strategy and Development be authorised to make any necessary minor amendments to the Development Plan Amendment as directed by relevant officers of the Department of Planning, Transport and Infrastructure or by the Minister for Planning 5. That the members of the Strategic Planning & Development Policy Committee be appointed for the purpose of conducting a public meeting in respect to the Local Heritage – Public Places DPA, as required by Regulation 12 of the Development Regulations 2008. Page 2 Adelaide Hills Council – Ordinary Meeting 13 December 2016 CONFIDENTIAL ITEM – Local Heritage – Public Places DPA – Submission to Minister for Consultation Approval 1. GOVERNANCE Strategic Management Plan/Council Policy Goal Places for People & Nature Legal Implications Development Act 1993 Planning Development and Infrastructure Act 2016 (Implementation of) Risk Management Implications Cause: Delays while Government establish a new procedure for identifying and recognising local heritage places. Impact: Failure to progress the DPA with the consequence that some prospective local heritage places may be demolished in the interim. Submitting the current draft DPA for Ministerial approval to proceed to public consultation will assist in mitigating the risk of: Unplanned demolition of prospective local heritage places leading to the potential uncontrolled loss of heritage buildings in the district Inherent Risk Residual Risk Target Risk High (3B) Low (1D) Low Financial and Resource Implications There are no financial or resource implications at this stage by seeking interim operation of the DPA or approval from the Minister for Planning to proceed with agency and public consultation. It is possible that, as Government requirements change during this uncertain period for local heritage, additional heritage advice may be required from a consultant for which some funds are available in the Council’s 2016/17 Budget. Customer Service and Community/Cultural Implications Upon approval of the DPA by the Minister, public consultation on the proposed listings of local heritage places will then be undertaken. The proposed local heritage places to be listed are of community and cultural significance and will be protected as such. Environmental Implications Best use of built and cultural heritage within townships and rural areas. Engagement/Consultation with Committee, Regional Subsidiary, Advisory Group and Community Approval is being sought from the Minister to undertake community and agency consultation with regard to this Local Heritage – Public Places DPA. Page 3 Adelaide Hills Council – Ordinary Meeting 13 December 2016 CONFIDENTIAL ITEM – Local Heritage – Public Places DPA – Submission to Minister for Consultation Approval BACKGROUND The Local Heritage DPA was first introduced to this Committee on 22 February, 2010. In all, the DPA proposed 4 new State and 357 new Local Heritage places within the Onkaparinga and Torrens Valley Wards of the Council. The DPA is based on Heritage Surveys undertaken in 2003. During the preparation of the DPA the proposed places have been reviewed by an independent heritage architect, and the 201 places which have been the subject of development applications since 2003 have recently been reviewed by a heritage architect. At that initial meeting in February, 2010, it was noted that the Heritage DPA process must be carried out within the 12 months during which the list of proposed heritage places is granted interim protection from demolition. The Committee resolved to delay this DPA as a Local Government election would occur within the coming 12 month period, and Caretaker provisions would not allow council members to make critical decisions at the required times. It was also resolved to undertake a public communication project to bring the community on the heritage journey, rather than release the DPA with no advance notice. The communications project was titled “the Story of the Hills”. It ran from 23 March to 6 May, 2011, using notices in local newspapers and letters to over 100 local groups inviting those who live and work in the Hills to tell Council about the places that they think tell the Story of the Hills. This process resulted in 30 submissions identifying 193 places which tell that story. From these sometimes inexact identifications, it has been determined that 85 of those places are already on the list of proposed local heritage places. In discussion at the SPDPC meeting on 21 June 2011, and noting the significant number of proposed heritage items, it was resolved that the Local Heritage DPA be undertaken in the following three stages: 1. proposed local heritage places owned by public or church organisations (41); 2. proposed local heritage places owned by the public (277); and 3. local heritage places proposed as a result of the Story of the Hills project (95 places). The report at that time introduced the first stage of the Local Heritage DPA, to be forwarded to the Minister for approval to go on public consultation. The list of proposed heritage places included 87 proposed heritage