Council Assessment Panel FROM: Assessment Manager 3... · City of Charles Sturt 25. CAP Report...

City of Charles Sturt 25. CAP Report 1/11/17

TO: Council Assessment Panel

FROM: Assessment Manager

DATE: 1 November 2017

WOODVILLE WARD

3.61 983-985 PORT ROAD CHELTENHAM SA 5014

Applicant Sagle Constructions

Development Application No 252/2087/17

Proposal Change of use from warehouse to motor vehicle

showroom, warehouse and associated office and

carparking and landscaping (service trade premises)

Owner of land Mr I M Forbes, Mrs A Forbes, Mr P Thomas, Mrs S Thomas

Legal Description Lot 3 DP 31258 Vol 5458 Fol 549

Additional Properties No related Properties

Additional Legal Descriptions No related Land

Zone Mixed Use

Precinct 47 Mixed Use

Form of assessment Merit

Public notification category Consent Cat 2 Neighbour Notice

Representations 1 representation received, 1 to be heard

Representors to be Heard

1. Ms Lynette M Campbell -44 Fourth Avenue, CHELTENHAM SA 5014

Gary Sagle of Sagle Constructions, will appear on

behalf of the applicant.

Agency consultations Department of Planning, Transport and Infrastructure

Author Phil Smith - Development Officer (Senior Planner)

Attachments Development Plan provisions table

Application documents

Representations/Applicants response

Agency comments

Notification map

Development Plan 5 May 2016

Recommendation Approval with Conditions


Report

Background

There have been a number of previous applications that have been approved for the site as

follows:

• DA 250/00112/93 - Sale of new and used spare parts dismantling and storage of

parts;

• DA 25 1/00052/93 - Fitness Centre;

• DA 251/00306/95 - Part Conversion of Warehouse to Fitness Centre - Amended

Plans;

• DA 251/01040/95 -An Awning to the front of the fitness centre; and

• DA 25 1/01550/96 - Sign

It should be noted that the free standing sign in front of the subject site indicates that use of

the site for car sales may have occurred at some point in the site's history as indicated in the

site photo provided later in this report.

Proposal

The proposed service trade premises, Maughan Thiem KIA automobile dealership, seeks to

partially replace the existing warehouse currently located at 983-985 Road, Cheltenham

which has been in place fora number of years.

The proposal consists of the following elements:

• Partial demolition of the existing warehouse to accommodate a new 372m2 auto

showroom, inclusive of offices and toilet areas;

• The showroom measuring 27 metres in length by 18 metres in width, with an overall

height of 6 metres;

• The showroom is enclosed by 4 metre high glass walls with an additional 2 metres in

parapet height which contains the company's corporate colours and 3D illuminated

signage;

• The parapet will be finished in aluminium composite cladding;

• With respect to the warehouse, the existing glass is to remain in place, while the compressed fibre sheet cladding will be painted in a grey tone;

• An aluminium frame glazed door and new metal roller door provide access into the

warehouse;

• A 2.5 metre high pylon sign will be placed at the proposed entry;

• Hours of operation are noted as Monday to Friday 9:00am to 6:00pm and 9:00 am to

3:00pm on Saturdays.

• 15 car parking spaces have been provided at the front and rear of the site with access

from a single invert from Port Road, while the second invert has been made

redundant;

• An external show car area central to the open section of the site; and


. There will be no repair work or servicing conducted on site.

Site/Locality

The existing site comprises a warehouse constructed on the northern boundary for its entire length (approximately 54 metres) and on the eastern boundary for an approximate length of

18 metres, in addition to a car parking area that covers the balance of the site. Two inverts

provide vehicular access to and from Port Road.

The existing warehouse measures approximately 10 metres in height to its roof apex, with a

7.3 metre high wall on the shared boundary of dwellings 44 and 46 Fourth Avenue

Cheltenham. It should be noted that this wall runs the complete length of the rear boundary

of 44 Fourth Avenue (15 metres) and approximately 3 metres of 46 Fourth Avenue's rear

boundary.

The subject land is a rectangular shaped block, approximately 2336m2 in area and is located

at the intersection where Port Road splits to form Old Port Road.

The site is located in the Mixed Use Zone - Precinct 47 Mixed Use and is bounded by the

Residential Character Zone, Precinct 78 - Cheltenham West to the east and the Mixed Use

Zone to the north and south.

The locality along Port Road is predominantly large commercial premises, including

Maughan Thiem Hyundai and Maughan Thiem Ford both within 250 metres of the subject

site to the north.

To the east, the locality is characterised by predominantly contributory dwellings mostly

single storey, with no infill development apparent.

Number 44 Fourth Avenue comprises a dwelling with associated landscaping including a

potentially regulated tree (species unknown) and a rear boundary enclosed by the eastern

wall of the warehouse found on the subject site. A number of dwellings on the western side

of Fourth Avenue are impacted by large walls on boundaries as a result of the commercial

premises mentioned earlier in the report.


Site and Locality Plan

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OSubject Site shown in blue, Locality in red and Representors properties

identified by red dot


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Site photo: 1007-1023 Port Road, Cheltenham - Maughan Thiem Ford - 9 October 2017 -

Photo taken by P. Smith, Development Officer - Senior Planner

Site photo: 993-1003 Port Road, Cheltenham - Maughan Thiem Hyundai - 9 October 2017 -

Photo taken by P. Smith, Development Officer—Senior Planner


Site photo: 983-985 Port Road, Cheltenham - Subject Site - 9 October 2017 -


Site photo: 983-985 Port Road, Cheltenham - Subject Site - 9 October 2017 -


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Site photo: 44 Fourth Avenue, Cheltenham (on the right) and driveway of 46 Fourth

Avenue, Cheltenham —9 October 2017 - Photo taken by P. Smith, Development

Officer—Senior Planner

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' Site photo: 44 Fourth Avenue, Cheltenham (on the rigilt) and driveway of 46 Fourth

Avenue, Cheltenham - close up of warehouse on rear boundary (subject site) -

9 October 2017 - Photo taken by P. Smith, Development Officer - Senior

Planner


Summary of Representations and Applicants Response

Representations

The proposal underwent the Consent Category 2 Public Notification process from which the following representation was received:

Representors to be Heard

1. Ms Lynette M Campbell -44 Fourth Avenue, CHELTENHAM SA 5014

Note that as the proposal is Category 2, representors do not have a right of appeal in

relation to the decision of the Planning Authority.

Copies of the representation and the applicant's response are attached (Attachment C).

The following is a summary of the representations and the applicant's response.

Representor(s) Issues Applicant's Response

Common party wall (rear boundary wall) The rear wall is not a part of the proposed development demolition. The only potential

for damage to the wall will be relative to the

new EXOTEC cladding to be affixed to the

Southern Elevation.

The applicant will complete a dilapidation

report on the rear boundary wall. Any

damage caused as a result of the approved building works will be rectified.

Height of the building The new showroom roof will be lower than

the existing building.

Warehouse noise The facility will not have forklifts in

operation and the applicant expects Council

to consider the development application on

its merits rather than potential future usage.

Lighting Fascia signage doesn't return all the way to

the rear boundary and the reason for the

return is the visibility of the KIA branding to

the cars travelling North on Port Road.

Car park lighting will be installed to the

building code requirements and will be

wired on a timer device to avoid

unnecessary lighting at night.


Representor(s) Issues Applicant's Response

Asbestos The applicant is completely aware of the

asbestos on site and has already engaged a

specialist contractor to price the work.

Furthermore, the applicant would like to

reinforce that the rear half of the roof is to

remain and the extent of the demolition

will be as documented.

The applicant is a professional commercial

building company and undertakes asbestos

removal work on a regular basis. They take

the safety of their staff and members of the

public very seriously.

Notification will be given to neighbouring properties and safe work prior to

demolition, and a site auditor armed with

air monitoring equipment will be present.

The applicant will operate to approved

standards and guidelines.

Servicing of vehicles The site will be used for car storage. There

will be no repair work or servicing

conducted on site.

Officer's Response

The applicant has stated that the boundary wall between the subject site and the

representor's property is not proposed to be altered with this development application.

The representor described this as a common party wall when in fact it is not common

property but rather is simply a wall abutting the boundary. The party wall associated with

this site is located on the northern boundary.

The proposed building will have a lower overall height when compared to the existing

warehouse building.

The applicant is not proposing to use forklifts as part of this application and there will be

no repair work or servicing of vehicles conducted on site.

Lighting will be illuminated in accordance with Australian Standards and will not cause

light overspill, so that any impacts to motorists and any adjoining residents are

minimised.

Removal of any asbestos will be in accordance with all relevant legislation and safe work

practices and is not considered to be a relevant matter, thus will not form a part of this

assessment.


Officer's Response

For these reasons, the proposed use as a service trade premises is reasonable and it is

considered that the representor's concerns are adequately addressed.

Agency Consultation

Agency Response

Department of Planning, Transport and

Infrastructure (DPII)

In-principle, no objection is raised to the

development subject to conditions.

A copy of the Agency response(s) is attached (Attachment D).

Internal Consultation

Department/Staff Response

Council's Traffic Engineer The first parking area of 6 bays meets the current Australian Standards 2890.1. The

parking area to the rear of the development if it is a public parking area

must have a turnaround bay located at the

end to allow cars to turn around and leave

in a forward direction. If this is allocated

staff parking the turnaround bay would not

be required.

The closure of the second driveway would

be approved and the kerb would have to be

returned to upright kerb as part of the

development.

Development Assessment

The proposal is neither a complying nor non-complying form of development and must be

considered on its merits against the relevant provisions of the Development Plan. The

Development Act 1993 provides that a Planning Authority is to have regard to the relevant provisions of the Development Plan in assessing development proposals.

Attachment A contains a comprehensive list of all Development Plan provisions considered

relevant to the proposal. A comprehensive assessment against the relevant provisions of

the Development Plan has been undertaken within Attachment A. Where compliance with

a particular Development Plan provision requires further discussion, it has been outlined in

further detail below.

Desired Character/Land Use

The Desired Character Statement for the Mixed Use Zone, Precinct 47 Mixed Use, seeks a

commercial character with a large number of business, motor trade and showroom premises


and a number of industrial activities. Single houses remain interspersed throughout the

area, however the precinct is a focus for commercial, vehicle and business activities.

The enhancement of the area through high quality buildings with extensive landscaping and

upgrading of existing lower quality buildings is supported.

Proximity of the area to adjoining residential areas necessitates careful design to minimise

impact on residential amenity and careful consideration of appropriate uses. It will be

necessary to buffer adjacent housing by screen plantings or masonry walls on rear boundaries.

The proposed use of the site as a service trade premises - Kia car dealership appears to align

closely with the Desired Character Statement as it is a vehicle business activity and a motor

trade showroom for the purpose of selling vehicles. It is also worth noting that pursuant to

Principle of Development Control 1 with the Mixed Use Zone, a Service Trade Premises is

specifically listed as an envisaged land use.

Furthermore, the proposal seeks partial demolition of the existing warehouse to

accommodate a new showroom which is considered to be of a high architectural standard

and will improve the aesthetics of the site in general.

Visual Appearance/Built Form

Within the General Section of the Development Plan, Industrial Development, it is stated

that offices and showrooms associated with industrial, warehouse, storage, commercial and

transport development should be sited at the front of the building with direct and

convenient pedestrian access from the main visitor parking area. The proposed showroom

achieves this by locating the main visitor areas to the front of the site which makes them

easily accessible to members of the public.

Within the General Section, Design and Appearance, development should be of a high

architectural standard and appearance that responds to and reinforces positive aspects of

the local environment and built form. This is achieved with the proposed building adopting a

lower overall building height than that of the existing warehouse thus distinguishing

between the old and new built forms. Furthermore, by maintaining the warehouse as the

highest built form on the site, there is no change to impacts on the adjoining Residential

Character zoned dwellings to the rear.

Based on observations carried out during a site inspection of the premises, is it noted that

the warehouse is in a fair to poor state, therefore the new addition and painting of the

warehouse cladding should improve the aesthetic qualities of the building considerably.

The proposed built form will cast lesser shadows across the site as a result of the lesser

building height, thus this presents no concerns.

With respect to landscaping, the applicant is proposing strips along the front and rear

boundaries, each with returns on the side boundaries. Species include Lomandra Longifolia

Nyalla (clumping grass), Austrodanthonia Caespitosa (Wallaby Grass) and Malus Trilobata

(Crab Apple tree). Compared to the current situation where the landscape strip is overgrown


with weeds, the proposed landscaping will soften the appearance of the parking areas and the appearance of the site in general.

The landscaping buffer facing Port Road ranges in depth from 1.8-2.8 metres and continues

for a length of 17 metres. The rear landscaping strip is proposed to be approximately 640mm to 1.9 metres in depth by 24 metres. The Development Plan states that a 3.0 metre

wide landscaping strip is required and 10% of the site should be landscaped.

Based on these requirements, with a site area of 2336m2, landscaping should total 233m2. The applicant has provided 85m2 in total. The total landscaped area of 233m2 as prescribed in the Development Plan would be comparable to the front landscaping strip, 6 visitor car

parks and the aisle width located to the front of the show car parking area. Given the amount of space required on site for landscaping to satisfy the provision and the loss of car

parking in order to achieve this outcome, in comparison to the landscaping currently on the site, it is considered that the proposed amount of landscaping is a reasonable outcome.

In terms of the signage proposed, business identification signs are to be erected on the

western (facing Port Road) and southern elevations, in addition to a 2.5 metre high pylon sign at the site's vehicular entrance. The signage is proposed to be illuminated and is

consistent with other similar businesses in close proximity to the site. A coordinated design

approach has been adopted and the number of signs have been minimised to avoid visual

clutter. Locating one freestanding sign to the front of the site is consistent with Council's Development Plan provisions.

Overall, it is considered that the relevant planning provisions relating to visual appearance and built form have been adequately addressed.

Amenity/Hours of Operation

The hours of operation are noted as being Monday to Friday 9:00am to 6:00pm and 9:00 am

to 3:00pm on Saturdays. These are common business hours and are considered to be

reasonable. The applicant has indicated that there will be no repair work or servicing of

vehicles conducted on site, thus there should be no unreasonable noise impacts emanating

from the site.

With respect to site lighting, this has been raised as an issue with the representor in relation

to illuminated signage and lighting of the premises in general.

It is considered that there will be no issues with signage as the representor does not have

any sightlines of the proposed building signage locations from their property. With respect to the pylon sign, it will be located 90 metres from the representor's dwelling and given its

2.5 metre height, it in all likelihood, it will not be visible from the representor's property.


With respect to sight lighting, this will be ameliorated by ensuring that lighting is in

accordance with Australian Standards and be of a light intensity not to cause a light overspill nuisance to adjacent occupiers, or cause a distraction to drivers on adjacent public roads

which has been recommended to be placed as a condition should an approval be granted for the proposal. As noted earlier in the report there is a large tree with an expansive canopy in the rear yard of 44 Fourth Avenue, thus any site lighting impacts will be further reduced when viewed from the representor's backyard.

The applicant has also indicated that lighting shall be controlled by a timer device so that

there are no periods of time when the site is unnecessarily illuminated.

On this basis, the Development Plan provisions that relate to amenity and hours of operation are considered to be satisfactorily met.

Stormwater Management

The applicant has provided a stormwater concept plan for assessment to support this proposed development. Given that the proposed development is virtually identical in terms

of the location and extent of hard surface area to the current built form, it is considered

reasonable that a stormwater management plan that satisfies Council's requirements can be satisfactorily achieved. On this basis it was deemed appropriate to consider this part of the assessment further as a reserved matter and this has been conditioned as such.

Traffic Management and Parking

The development application was referred to the Department of Planning, Transport and

Infrastructure (DPTI) for comment in accordance with Schedule 8 of the Development Regulations 2008.

In-principle, no objection was raised by DPTI to the development subject to a number of

conditions and these have been included in the recommendation section of this report.

Council has also included conditions relating to the parking spaces and turning areas being

constructed in accordance with Australian Standards' and that they should always be accessible for parking/manoeuvring and no other purpose.

The applicant has proposed 15 car parking spaces with a 6.3 metre wide entry/aisle and a

loosely defined outdoor show car parking area in centre of the parking area. On this basis,

the applicant can easily accommodate the parking spaces and required turning areas,and modify the show car area as required.

Pursuant to the Development Plan, Table ChSt/2 - Office Street Vehicle Parking Requirements, 3 car parking spaces are required for every 100 square metres of retail area. Based on a calculation of 350m2 for the showroom area, 10.5 parking spaces are required, with 15 spaces being proposed, the requirement is adequately met. Given the fluidity of the

show car parking area, more visitor parking spaces could be easily accommodated as required. The warehouse component is proposed to be reduced to approximately 500m2, which generates a parking requirement of 6 spaces, therefore there is an overall shortfall of 1.5 spaces in total for the development. This is not considered to be fatal to the development.


Previously, 17 spaces were provided on site, in addition to vehicles being stacked in tandem

towards the rear of the site, thus the proposal provides for a more organised parking

arrangement on site.

in terms of deliveries, they shall all occur on site and it has been recommended to be

reinforced as a condition by DPTI and Council with a maximum 8.8 metre long rigid vehicle

being allowable on the site. Again, with the size of area allocated for show car parking, an

8.8 metre rigid vehicle can easily manoeuvre so that it can enter and exit the site in a

forward direction.

In regards to loading and unloading of vehicles, the applicant has indicated that vehicles will

be loaded/unloaded by large carrier at the Maughan Thiem premises, two properties further

along Port Road. Vehicles will then be driven from the unloading area at Maughan Thiem to

the KIA site as required.

Lastly, the site currently has two inverts, one that shall be made redundant and reinstated to

Council's standards, which is considered acceptable.

On the basis of the above, it is considered that all traffic management and parking provisions

have been satisfactorily met.

Conclusion

This application has been assessed against the Charles Sturt Development Plan dated 5 May

2016.

The applicant has stated that the rear boundary wall between the subject site and the

representor's property is not proposed to be altered with this development application, thus

any damage will be rectified.

The proposed building will have a lower overall height when compared to the existing

warehouse building, thus will not present any additional impacts to any adjoining property.

The proposed showroom is of a modern design and will significantly improve the streetscape

to Port Road. Additional landscaping is also proposed to soften the appearance of the car

parking area.

The applicant is not proposing to use forklifts, carry out repair work or service vehicles on

the site as part of this application, thus there are no unreasonable noise impacts expected.

The hours of operation proposed meet the EPA guidelines of abutting noise sensitive areas

and are therefore considered appropriate.

Lighting will be illuminated in accordance with Australian Standards and will not cause light

overspill, so that any impacts to motorists and any adjoining residents are minimised.

Removal of any asbestos will be in accordance with all relevant legislation and safe work

practices and is not considered to be a relevant planning assessment matter, thus has not

been considered.


For these reasons, the proposed use as a service trade premises is reasonable and the application has sufficient merit to warrant support.

Recommendation

Reason for Decision

The Panel has read and considered the report prepared by the Development Officer -

Senior Planner and agrees with the assessment outlined in that report.

That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not

seriously at variance with the relevant provisions of the Charles Sturt (City) Development Plan consolidated 5 May 2016.

Reserved Matters

The following detailed information shall be submitted for further assessment and

approval by the Assessment Manager as delegate of the CAP as reserved matters under Section 33(3) of the Development Act 1993:

(a) A stormwater and site management plan and computations are to be submitted

with the Development Application in compliance with the City of Charles Sturt's

requirements (see Development Information Guide D34, Stormwater

Management Plan, which is available from Council's web site www.charlessturt.sa.gov.au <http://www.charlessturt.sa.gov.au/> or can be

obtained from Council's office). Note that the Guide D34, Stormwater

Management Plan includes requirements for on-site stormwater detention

based on the post development peak rate of run-off from the 'design' storm not

exceeding that from the pre-development site from a 5 year ARI storm. The 'design' storm requirement is a 100 year ARI storm.

Reserved Conditions

Pursuant to Section 33(1) of the Development Act 1993 the Council reserves its

decision on the form and substance of any further conditions of provisional

development plan consent that it considers appropriate to impose in respect of

the reserved matters and delegates this to the Assessment Manager.

Reason: To enable the imposition of conditions.

That pursuant to Section 33 of the Development Act, 1993, Development Application

Number 252/2087/17 be GRANTED Development Plan Consent subject to the following conditions:


Develop in accordance with the approved plans

That the proposal shall be developed in accordance with the details and approved

plans stamped by Council except where varied by the conditions herein and shall be

completed prior to occupation of the proposed development.

Reason: To ensure the development proceeds in an orderly manner.

No Additional Signs

That no advertisement or advertising display other than those depicted on the

approved plans, shall be erected and/or displayed within the subject land without the prior consent of Council.

Reason: To preserve and enhance the amenity of the locality.

Illumination of Signs

That the illuminated signs shall not be of a light intensity to cause a light overspill

nuisance to adjacent occupiers, or cause a distraction to drivers on adjacent public

roads.

Reason: To preserve the amenity of the locality.

Signs to be erected within site boundary

The proposed sign(s) shall be constructed wholly on the subject site and no part shall extend beyond the property's boundary.


Car parking Design

The car parking area associated with this proposal shall be developed in accordance

with the following requirements;

All car parking spaces, driveways and associated manoeuvring areas shall be

sealed in bitumen, concrete or brick payers prior to occupation of the proposed development.

The proposed car parking layout and access areas are to conform with the

Australian Standards 2890.1 for Off-Street Parking Facilities

That all parking areas be marked, to delineate the parking spaces, prior to the

occupation of the. proposed development in accordance with the relevant

Australian Standard AS 1742.


A sign with the message 'visitor car parking', having an advertising area not

exceeding 0.2 square metres, shall be erected at the car park entry and shall be

maintained in good condition at all times.

Wheel stopping devices constructed as per Australian Standard AS 2890.1.

Reason: To ensure usable and safe car parking.

Loading and Unloading of Vehicles

That all loading and unloading of vehicles shall take place within the site and not occur

in designated car parking areas or driveways providing access to the car parking.

Reason: To ensure the development takes place in an orderly manner.

No storage in Car parking Area

Driveway, car parking spaces, manoeuvring areas and landscaping areas shall not be

used for storage or display of materials or goods.


Landscaping within Set Time

The landscaping depicted on the approved plans shall be established within

months from the date of Development Approval and maintained in a good condition

at all times.

Reason: To preserve and enhance the amenity of the locality

Hours of Operation

The hours of operation of the premises shall not exceed the times:

• Monday to Friday 9:00 a.m. to 6:00 p.m.

• Saturday 9:00 a.m. to 3:00 p.m.


Restriction on Flood Lighting

Floodlighting shall be directed and shaded in such a manner so as not to cause light

overspill nuisance to neighbours or distraction to drivers on adjacent public roads.



Stormwater be directed away from neighbouring properties

All stormwater runoff shall be directed away from neighbouring properties.

Reason: To ensure stormwater is disposed of in a controlled manner.

Stormwater Condition

All stormwater from buildings and paved areas shall be disposed of in such a manner

that it does not result in the entry of water into a building or affect the stability of a

building.


Department of Planning, Transport and Infrastructure conditions

Access to Port Road shall be constructed in general accordance with Bell

Architects Proposed Site Plan, Drawing No. SK2201, Revision S3, dated 11/8/17.

The access shall be 6.0 metres wide at the Port Road property boundary and be suitably flared to the road to allow convenient ingress and egress movements in

order to minimise disruption to the free flow of traffic.

All vehicles shall enter and exit the site in a forward direction.

The loading and unloading of vehicles to/from vehicle carriers shall not be

permitted on Port Road.

The largest vehicle permitted on-site shall be an 8.8 metres medium rigid

vehicle. All vehicles larger than a 6.4 metres small rigid vehicle shall occur

outside of peak trading periods and peak traffic periods on Port Road.

The redundant crossover on Port Road shall be reinstated to Council standard

kerb and gutter at the applicants cost prior to the business becoming

operational.

All parking areas shall be designed in accordance with AS/NZS 2890.1 :2004 and

AS/NZS 2890.6:2009.

LED lighting may be used for internal illumination of a light box only. No

element of LED or LCD display shall otherwise be included in the design.

Illumination of signage shall be limited to a low level (i.e. <200cd/m2).

Signage visible from Port Road shall not contain any element that flashes,

scrolls, moves or changes.

All signs shall be finished in a material of low reflectivity to minimise the risk of

sun/headlamp glare that may affect motorists' perception of the road.


Any outdoor lighting shall be positioned and/or shielded so as not to produce glare or create undue distraction to motorists travelling on the adjacent roads.

All stormwater generated by the proposal shall be appropriately collected and

disposed of without entering or jeopardising the safety of the adjacent arterial road network.

Notes

The approval for this development DOES NOT imply approval to alter, shift or remove

any existing public infrastructure, including street trees and/or landscaping or any

other street furniture or features. Approval to alter any of these must be obtained

• from Council or the relevant government department or service authority. All costs

associated with such alteration are the sole responsibility of the applicant.

Development Approval must be received for this development within 12 months of

the date of this Development Plan Consent.

You will require a fresh Development Plan Consent and Development Approval before Commencing or continuing the development if you are unable to satisfy these

requirements.

To ensure your development can now proceed without unnecessary delays

please ensure the matters outlined below are properly managed.

The following information outlines your obligations in relation to appropriately managing

noise, dust and works effecting adjoining land (both private and public).

Driveway Crossovers

• You are advised that under the Local Government Act 1999 construction of any

footpath, kerb, gutter or crossover on Council land will require a permit from Council's

Engineering Strategy and Assets Department. It is illegal to undertake work on Council

land without permission. Please contact Council on 8408 1111 or refer to our website

http://www.charlessturt.sa.gov.au/WorksonpublicRoad for Council standards.

Council Verges

• Please note that Council does not have funds to reinstate/landscape the verge at the

completion of building work where this is the responsibility of the owner.

• Any proposed landscaping on Council's verge requires Council's permission via a

permit application. Please contact Council on 8408 1111 or refer to our website

http://www.charlessturt.sa.gov.au/WorkonCouncilProperty for relevant information.


Common boundary • When removing fences that are on the common boundary with your neighbour you

must give your neighbour 28 days' notice in writing that you intend to remove the

dividing fence. Where the neighbour has a pool, particular care must be taken to

ensure the pool is not left exposed, if temporary fencing is installed the temporary

fence must comply with AS 1926.1 - Swimming pool safety. We recommend that you

consider the Fences and the Law booklet available on line and follow the processes

outlined in the booklet.

• Where it is intended to erect external walls on the boundary the face of the external

wall must be on the boundary. Further, barge boards, capping tiles or other fixtures

on the boundary wall must not encroach upon the land of the adjoining owner.

Existing fence lines may not be the true legal boundary. To avoid violation of

neighbour's rights, the onus of proof of the boundary line rests with the owner of the

land where the work is undertaken. This will necessitate a survey being carried out by

a licensed surveyor to identify the true location of the boundary and proposed footing on the ground. You will need the neighbour's written approval to enter their land to

carry out any construction.

Neighbours

• Construction within an established neighbourhood can be a stressful time for existing

residents. You are urged to take all necessary precautions to ensure adjoining

properties are not damaged or residents unreasonably impacted. In the interests of

good neighbourliness you may wish to consider providing your contact details to all

adjoining property owners inviting them to contact you should there be any concerns

during the construction process.

Dust

• Airborne dust and sand emissions potentially generated on site must be managed and

this can be achieved by wetting down the soil and site during the demolition and

construction process. If you have any concerns or questions in relation to dust you

can contact Council's Customer Contact Team on 8408 1111.

Asbestos

If there is asbestos material in or on the building or fencing to be demolished there

are specific requirements for the method of removal and disposal of asbestos. The

removal of asbestos over 10 square metres in area must be carried out by a licensed

asbestos removal contractor in accordance with Safe Work SA requirements. For

further information in relation to this please contact Safe Work SA on 1300 365 255.

Use of Public Space

• Should any part of the development process require use of public land (ie, the

footpath, nature strip, road or other reserve), additional permits will be required.

• Examples of such activities include storage of materials, delivery of materials from

public land, placing of temporary fences on public land, blocking of the road, footpath

or nature strip for any period of time.

• Where works from public space impact vehicular or pedestrian traffic, you will be

requested to lodge a Traffic Management Plan that adheres to the requirements of

the relevant Australian Standards.


Additional fees and charges may apply, please contact the Council's Community

Safety Team on 8408 1198 to discuss your project's needs.

Environment Protection Note

The Environment Protection (Water Quality) Policy 2003 requires any person who is

undertaking an activity, or is an occupier of land to take all reasonable and practicable

measures to avoid the discharge or deposit of waste from that activity or land into any

waters or onto land in a place from which it is likely to enter any waters (including the stormwater system).

The policy also creates offences that can result in on-the-spot fines or legal proceedings. The

following information is provided to assist you to comply with this legislation:

Building and construction should follow sediment control principles outlined in the Stormwater Pollution Prevention - Code of Practice for the Building and Construction

Industry (EPA 1999). Specifically, the applicant should ensure:

During construction no sediment should leave the building and construction site. Appropriate exclusion devices must be installed at entry points to

stormwater systems and waterways.

A stabilised entry/exit point should be constructed to minimise the tracking of

sand, soil and clay off site. However, should tracking occur, regular clean-ups

are advised.

Litter from construction sites is an environmental concern. All efforts should be made

to keep all litter on site. The applicant should ensure that bins with securely fitted lids,

capable of receiving all waste from building and construction activities, are placed on

site.

All building and construction wastewaters are listed pollutants under the Environment Protection (Water Quality) Policy 2003 and as such must be contained on site.

It is important that you familiarise yourself with the terms of the Policy and ensure that all

contractors engaged by you are aware of the obligations arising under it.

For further information please contact Council's Customer Contact Team on 8408 1111.

Council Assessment Panel FROM: Assessment Manager 3... · City of Charles Sturt 25. CAP Report...

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Transcript of Council Assessment Panel FROM: Assessment Manager 3... · City of Charles Sturt 25. CAP Report...