COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING 3 June … … · this way the proposal is not...

COUNCIL DEVELOPMENT ASSESSMENT PANEL MEETING3 June 2014

AGENDABUSINESS ITEM – 8.1

Applicant: Hills Christian CommunitySchool Inc

Landowner: C G Kennedy & C Kennedy

Agent: Lyn Hynd Ward: Onkaparinga ValleyDevelopment Application: 14/123/473 Originating Officer: Vanessa Nixon

Application Description: Change of use to community facility – classroom and outdoorarea in association with existing school

Subject Land: Lot:4 Sec: P1922FP:157239 CT:5593/376Subject Land: Lot:3 Sec: P4083DP:83765 CT:6060/645Subject Land: Lot:50 Sec: P4083FP:7229 CT:5278/321Subject Land: Lot:3 Sec: P1922FP:157238 CT:5660/148

General Location: 14, 16 & 24 OnkaparingaValley Road & lot 4 Sandow Road Verdun

(Refer to Locality Plan Attachment 1)

Development Plan Consolidated : 9January 2014Map AdHi/3

Zone/Policy Area: Watershed (PrimaryProduction) Zone - Watershed ProtectionPolicy Area

Form of Development:Merit

Site Area: 3.53 hectares

Public Notice Category: Category 2Merit

Representations Received: Two

Representations to be Heard: Two

1. EXECUTIVE SUMMARYThe purpose of this application is to change the use of land at 24 Onkaparinga ValleyRoad, Verdun from rural residential to community facility – year seven classroom andoutdoor area in association with the Hills Christian Community School.

The subject land is located within the Watershed (Primary Production) Zone - WatershedProtection Policy Area and is a merit form of development. One representation inopposition and one representation in support of the proposal were received during theCategory 2 public notification period.

The proposal is an extension to the existing community facility (school). The proposal is alow-scale development which will include improvement of the vegetation on the land.

As per the CDAP delegations, the CDAP is the relevant authority for Category 2applications where a representor wishes to be heard.

The main issues relating to the proposal are the representor’s concerns with activities onthe land, fencing and future buildings.

In consideration of all the information presented, and following an assessment against therelevant zone and Council Wide provisions within the Development Plan, staff are

Council Development Assessment Panel Meeting – 3 June 2014Hills Christian Community School14/123/473

recommending that the proposal be GRANTED Development Plan Consent, subject toconditions.

2. DESCRIPTION OF THE PROPOSALThe proposal is for the following:

Use of the existing dwelling as a Year 7 learning centre.

Use of the land as an outdoor classroom.

Development of the existing orchard.

The proposed plans are included in Attachment 2.

3. HISTORYThere are no previous applications recorded for the site at 24 Onkaparinga ValleyRoad. Various approvals have been granted over the last 30 years since theestablishment of the Hills Christian Community School.

4. REFERRAL RESPONSES

AHC EHUCouncil’s Environmental Health Officer has advised the existing connection to theCWMS system is approved, however a 3000 litre tank will be required toaccommodate the additional load on the system (refer recommended condition4).

5. CONSULTATIONThe application was categorised as a Category 2 form of development in accordancewith Zone PDC 72 requiring formal public notification. Two (2) representations werereceived. Of these one (1) representation was opposing the proposal, and one (1) wasin support of the proposal. Both were from adjacent properties.

The following representors wish to be heard:

Name of Representor Representor’s PropertyAddress

Nominated Speaker

S Smits 22 Onkaparinga Valley Rd Dr Damian LataanD Grivell Verdun Hall Committee Donald Grivell

The applicant’s representative (Ms Lyn Hynd) may be in attendance.

The issues contained in the representations can be briefly summarised as follows: Outdoor activities of students. Use of driveway. Fencing. Planting of natives. No further development. Will tidy up a section of river flats.


These issues are discussed in detail in the following sections of the report.

Copies of the submissions are included as Attachment 3 and the applicant’s responseto these is provided in Attachment 4.

6. PLANNING & TECHNICAL CONSIDERATIONSThis application has been evaluated in accordance with the following matters:

i. The Site’s Physical CharacteristicsThe site (24 Onkaparinga Valley Rd) is 3.53 hectares in area and contains adwelling, shedding and grazing. The subject land gains access fromOnkaparinga Valley Road. The land slopes gently towards the OnkaparingaRiver then rises on the other side. A substantial portion of the land is subject toflooding, however the existing dwelling is outside the flood plain. The existingbuildings of the Hills Christian School are also part of the subject land. Theseproperties contain the recently completed hall, classrooms, early learningcentre and play areas.

ii. The Surrounding AreaThe surrounding area contains the settlement of Verdun, Verdun hall,Maximilians vineyards and restaurant, as well as rural residential properties.

iii. Development Plan Policy considerationsa) Policy Area/Zone Provisions

The subject land lies within the Watershed Protection Policy Area of theWatershed (Primary Production) Zone and these provisions seek:- primarily natural open space- pleasant, attractive rural landscape

The following are considered to be the relevant Policy Area provisions:

Objectives: 1 & 2PDCs: 1, 4 & 5

No buildings are proposed as a result of the change of use. The existingdwelling will be converted to classroom space. The outdoor areas will be usedas outdoor learning and play areas. The proposal includes fencing andrestoration of the river area. These aspects are considered to be inaccordance with Policy Area PDCs 3, 4 and 5.

The Watershed (Primary Production) Zone provisions seek:- natural resources- enhancement high quality water- sustainability of rural production

The following are considered to be the relevant Zone provisions:

Objectives: 1, 2, 3 & 5PDCs: 3, 4, 5, 10, 14, 16, 17, 28, 36, 42, 44 & 70


Form of DevelopmentAs discussed above, no buildings are proposed as part of the change of useapplication. Fencing is proposed in the flood plain area. This should be postand wire style in accordance with Zone PDCs 4 and 5 (refer recommendedcondition 3).

Appropriateness of Proposal in LocalityWhilst the proposal is not for primary production, the nature of the land with alarge area prone to flooding does not make the land particularly viable forprimary production. The building will be a full-time classroom for the year 7s. Inthis way the proposal is not contrary to Zone PDCs 16, 17, 43 and 44.

The proposal will not result in an increase in student numbers at the school,but will provide better facilities for the use of the school.

ConservationWeed control and native revegetation is proposed as part of this applicationwhich accords with Zone PDCs 10 and 14. The proposal includes revegetationof the land which is in accordance with Zone PDCs 31 and 36.

b) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):- proper location of public and community facilities- appropriate community facilities conveniently accessible-The following are considered to be the relevant Council Wide provisions:

Objectives: 3, 4, 6, 9, 52, 53, 54, 61, 68, 105 & 121PDC’s: 3, 9, 10, 11, 74, 147, 148 & 149, 174, 175, 202, 228, 241,

296 & 350

Form of DevelopmentThe proposal will not affect the use of land in the locality. Whilst the land issubject to flooding, no new buildings are proposed. The land will berevegetated as part of the application. The proposal therefore accords withCW PDCs 3, 9, 10 and 11.

Community FacilitiesThe existing Hills Christian Community School is a community facility as itprovides an educational service to the community, albeit a wider communitythan the immediate locality. The site abuts the land currently used as theschool and is considered to be an extension of the existing community facility.The applicant seeks to construct additional facilities for the existing school.Previous additions to the school have been considered an expansion of anexisting community facility and therefore excluded from being assessed as anon-complying form of development.

No buildings are proposed as part of the application. Hours of use are schoolhours and no weekend use is envisaged. The proposal is such that it accordswith CW PDCs 147 and 149.


Rural DevelopmentWhilst the proposal is not for primary production, the nature of the land with alarge area prone to flooding does not make the land particularly viable forprimary production. No native vegetation removal is proposed. The proposaltherefore accords with CW PDC 174. Whilst the school is located in a ruralarea, Verdun is also considered a settlement area and contains manyresidential properties. The proposal is not considered to be seriously atvariance with CW PDC 175.

ConservationAs discussed above, no native vegetation is proposed to be removed for thechange of use. The proposal is therefore in accordance with the CWConservation Objectives and Principles of Development Control.

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landThe Onkaparinga River will be fenced as part of the proposal. Such fencingshould be post and wire construction. The school does not propose anybuildings as part of the application and hence the potential for flooding is notaffected by the application (referred recommended condition 3).

Water Supply & Effluent DisposalThe land is connected to water supply and the CWMS for effluent disposal. Asstated above, a variation to the CWMS and larger tank will be required.

Solid Waste DisposalThe site is serviced by the Council’s waste collection service.

Transportation issuesThe subject land will be accessed via the existing school land on SandowRoad. Students will not be driven to the classrooms via the entrance to 24Onkaparinga Valley Road. Drop off/pick up will still be via Sandow Road andOnkaparinga Valley Road near the existing school.

Vegetation & Land ManagementLand management issues are addressed above.

Environmental/Public Health issuesNo issues.

Construction issuesNo issues.


7. SUMMARY & CONCLUSIONThe proposal is an extension to the existing community facility. The proposal is a low-scale development which will include improvement to the vegetation on the land. The landwill be used during school hours Monday to Friday and does not require the constructionof additional buildings.The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, and it is considered the proposal is not seriously at variance with the DevelopmentPlan. In the view of staff, the proposal has sufficient merit to warrant consent. Stafftherefore recommend that Development Plan Consent be GRANTED, subject toconditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and GRANTS Development Plan Consent toDevelopment Application 14/123/473 by Hills Christian Community School Inc forchange of use to Community facility at 14, 16 & 24 Onkaparinga Valley Road &Lot 4 Sandow Road Verdun SA 5245 subject to the following conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition:- Site and floor plans received by the Council on 11 April 2014- HCCS correspondence received by the Council on 14 February 2014- Response to representations received by the Council on 12 May 2014.

REASON: To ensure the proposed development is undertaken in accordancewith the approved plans.

(2) Commercial LightingFlood lighting shall be restricted to that necessary for security purposesonly and shall be directed and shielded in such a manner as to not causenuisance to adjacent properties.

REASON: Lighting shall not detrimentally affect the amenity of the locality.

(3) Open Style FencingAny fencing in the vicinity of the Onkaparinga River shall be post and wireconstruction.

REASON: To reduce the impediment of floodwaters by the fencing.

(4) Prior to Building Rules Consent being issued – Requirement for wastecontrol system variationPrior to Building Rules Consent being granted an application for thevariation to the CWMS connection shall be approved by the Council.

REASON: To ensure the waste control system is adequate.


NOTES(1) Development Plan Consent Expiry

This Development Plan consent (DPC) is valid for a period of twelve (12)months commencing from the date of the decision (or if an appeal hasbeen commenced the date on which it is determined, whichever is later).Building Rules Consent must be applied for prior to the expiry of the DPC,or a fresh development application will be required. The twelve (12) monthtime period may be further extended by Council agreement followingwritten request and payment of the relevant fee.

(2) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environment ina way which causes, or may cause, environmental harm.

(3) DEWNR Native Vegetation CouncilThe applicant is advised that any proposal to clear, remove limbs or trimnative vegetation on the land, unless the proposed clearance is subject toan exemption under the Regulations of the Native Vegetation Act 1991,requires the approval of the Native Vegetation Council. The clearance ofnative vegetation includes the flooding of land, or any other act or activitythat causes the killing or destruction of native vegetation, the severing ofbranches or any other substantial damage to native vegetation. For furtherinformation visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation

Any queries regarding the clearance of native vegetation should be directedto the Native Vegetation Council Secretariat on 8303 9777. This must besought prior to Full Development Approval being granted by Council.

(4) Responsibility In Relation To FloodingThe applicant is reminded that Adelaide Hills Council accepts noresponsibility for damage to, or loss of property, as a result of flooding. Itis the applicant’s responsibility to ensure that all appropriate steps areundertaken to minimise the potential damage to property as a result offlooding.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. Representations4. Applicant’s response to representations


Respectfully submitted Concurrence

___________________________ _______________________________

Vanessa Nixon Deryn AtkinsonTeam Leader Statutory Planning Manager Development Services

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

PROPOSAL PLANS AND DETAILS

ATTACHMENT 3

REPRESENTATIONS

ATTACHMENT 4

RESPONSE TO REPRESENTATIONS



Applicant: Longridge Group Pty Ltd Landowner: I Gray

Agent: Emma Barnes Ward: Marble HillDevelopment Application: 2013/96/473 Originating Officer: Vanessa Nixon

Application Description: Single storey dwelling, deck (maximum height 3m), undercroftparking, retaining walls (maximum height 2.2m) and associated earthworks (non-complying)Subject Land: Lot:120 Sec: P1064DP:80948 CT:6050/343

General Location: 212 Norton Summit RD,Norton Summit

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 18January 2013Map AdHi/3

Zone/Policy Area: Hills Face Zone

Form of Development:Non-complying

Site Area: 2639 m²

Public Notice Category: Category 3 NonComplying

Notice published in The Advertiser on 7March 2014

Representations Received: One

Representations to be Heard: Not stated

1. EXECUTIVE SUMMARYThe purpose of this application is to seek consent to construct a dwelling with associateddeck, carport and earthworks.

The subject land is located within the Hills Face Zone and is a non-complying form ofdevelopment. One representation in opposition was received during the Category 3 publicnotification period.

The application is a non-complying form of development as the depth of excavationexceeds 1.5m and the wall height to finished ground level exceeds 3m.

As per the CDAP delegations, the CDAP is the relevant authority for Category 3 non-complying development.

The main issues relating to the proposal are visual intrusion and impact on the locality.

Following an assessment against the relevant zone and Council Wide provisions withinthe Development Plan, staff are recommending that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent.

Council Development Assessment Panel Meeting – 3 June 2014Longridge Homes13/96/473


Single-storey dwelling with four bedrooms, study, media room, living/family/kitchenwith associated amenities (jasper Colorbond © roofing, external cladding in solverevening haze).

Wall height 2.4m, with overall height to finished ground level of 6.4m.

Double carport utilising the area beneath the proposed deck.

Existing 90kl water storage tank.

5 retaining walls (maximum height 2.2m) for driveway and dwelling construction.

Associated earthworks including excavation to maximum depth of 3m.

Proposed setbacks for the dwelling are 1m from Norton Summit Rd and 4.8m fromnorthern side boundary. The carport will be accessed from the existing crossover onNorton Summit Rd.

The proposed plans including the Statement of Effect are included in Attachment 2.

3. HISTORYNovember 29, 2007 07/861/473 CDAP approved dwelling, earthworks &

deck – LAPSEDJuly 1, 2008 07/D62/473 CDAP approved boundary re-alignment


CFSThe CFS have no objection to the proposal and have recommended a group ofstandard conditions (refer conditions x-z).

A copy of the referral response is included as Attachment 3.

DPTINo objection provided a left-in and left-out access is provided and the doublebarrier lines should be closed to facilitate this. The applicant has agreed to thesematters being imposed as conditions (refer conditions 11-13).


EHU ENGINEERINGCouncil’s Engineering department have no objection to the proposed drivewaylocation.

AHC EHUCouncil’s Environmental Health Officer has granted approval to install a wastewater treatment system (refer 13/W32/473).


AHC PROPERTYCouncil’s Property department have advised the retaining wall will be on privateland. They have no objection to the use of the Council land during construction,however a right of entry agreement will need to be entered into between theProperty department and the owner of the land (refer note 6).

5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notificationand a public notice. One (1) representation in opposition was received from anadjoining property owner.

The applicant (or their representative – Emma Barnes) may be in attendance.

The issues contained in the representation can be briefly summarised as follows: Traffic not wanted. Already limited parking.These issues are discussed in detail in the following sections of the report.

A copy of the submission is included as Attachment 5 and the applicant’s response tothis is provided in Attachment 6.


i. The Site’s Physical CharacteristicsThe subject land is an irregular shaped allotment with an area of 2639m². Thesubject land has a 70.35m frontage to Norton Summit Road. The subject landcontains an existing access from Norton Summit Road. The subject land hasan extremely steep slope downhill from Norton Summit Road and is some 5mbelow the carriageway of Norton Summit Road. The subject land containssome vegetation and a 90kl water storage tank. The subject land hassignificant views west to metropolitan Adelaide and can be seen from theAdelaide Plains.

ii. The Surrounding AreaThe locality contains horticultural orchards, rural residential allotments andlarger primary production land uses.

iii. Development Plan Policy considerationsa) Zone Provisions

The subject land lies within the Hills Face Zone and these provisions seek:- maintain and enhance natural character- limited visual intrusion- minimise loss to life and property from fire

Refer to Attachment 7 for the relevant Zone provisions.


Accordance with ZoneThe proposal is to construct a detached single-storey dwelling using materialsand colours which are unobtrusive. The proposal is therefore consistent withZone PDC 1.

Appropriateness of Proposal in LocalityThe dwelling is consistent with other dwellings in the locality. The carports arelocated under the deck area. The land may be visible from the Adelaide Plains,however the proposed location on the plateau area will result in a dwellingwhich blends into the hillside. Retaining walls up to 2.2m are required tofacilitate the design and the topography. This is a departure to Zone PDCs 2 &7 (f) as some of the walls retain filling rather than excavation. However thehigher retaining walls will be screened by the dwelling and the significantdifference in levels between the road and the property boundary. The singlestorey design, low profile of the majority of the building and undercroft vehiclestorage area all contribute to satisfying Zone PDC 8. The proposed materialsand colours are consistent with those in the locality. The retaining walls are toretain excavation and will be screened by the dwelling and therefore consistentwith Zone PDCs 2 &13.

ConservationNo native vegetation is proposed to be removed to facilitate construction of thedwelling and effluent disposal area, in accordance with Zone PDC 22.


The Council Wide provisions of relevance to this proposal seek (in summary):- orderly and economic development- development which does not impact on native vegetation

Refer to Attachment 8 for the relevant Council Wide provisions.

Form of DevelopmentThe majority of the proposed retaining walls are less than 1.5m with only onewall having a maximum height of 2.2m. This wall retains excavation and will bescreened by the dwelling. The proposal is therefore partly consistent with CWPDCs 7 & 230. The closest dwelling towards the deck areas is approximately100m. No potential for overlooking private areas of residential properties islikely.

The proposal is a medium sized dwelling with pole construction to takeadvantage of the views. The form of construction and decking area createswall heights in excess of 3 metres. The subject land may be partly visible fromthe Plains. As discussed above the colours and materials will blend with theenvironment and are considered suitable. The proposal therefore satisfies CWPDC 13. No native vegetation is required to be removed to enable a dwellingto be constructed on the land.

Proposed setbacks of 1m from Norton Summit Rd and 4.8m from northernside boundary are contrary to CW PDCs 24 and 25, however this is notconsidered detrimental to the proposal.


Residential DevelopmentThe Hills Face Zone provisions take precedence in relation to developmentcriteria and are discussed above.

ConservationAs discussed above, no native vegetation is proposed to be removed for theconstruction of the dwelling and associated effluent disposal area. Theproposal is therefore in accordance with the CW Conservation Objectives andPrinciples of Development Control.

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landStormwater is to be directed to the existing water storage tank on the subjectland, with overflow disposed of on-site.

Water Supply & Effluent DisposalA waste control system has been approved and water supply is via the existingwater storage tank. The proposal is therefore consistent with Zone PDC 9. Theirrigation areas are designed as a series of terraces working with the contoursof the land.


Transportation issuesThe dwelling design provides two carparking spaces under the deck area aswell as parking for several vehicles in the driveway area. Whilst therepresentor has raised concerns with lack of carparking and increase in traffic,it is not considered that the use of the land for residential purposes willincrease traffic or parking levels beyond that expected in the locality.

Fire Protection issuesThe CFS has assessed the site as BAL 29. Clearance of trees within 15metres of the proposed dwelling is required. The proposal is in accordancewith CW Bushfire Protection Objectives and Principles of DevelopmentControl.

Vegetation & Land ManagementNo issues.


Construction issuesAccess to the council land may be required for the construction of the dwelling.This will require a right of entry agreement from Council’s propertydepartment. A soil erosion and management plan is recommended in condition14.

Other MattersThe subject land was previously part of the adjoining orchard. Preliminary siteinvestigations have indicated the subject land is low risk for site contamination.


7. SUMMARY & CONCLUSIONThe proposal is for a single-storey dwelling constructed on poles with deck in the HillsFace Zone. The design, materials and colours are considered suitable. Whilst theretaining walls required for the dwelling construction are greater than 1.5m this isconsidered reasonable given they retain excavation and will be screened from view by thedwelling.The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, despite its non-complying nature, and it is considered the proposal is not seriouslyat variance with the Development Plan. In the view of staff, the proposal has sufficientmerit to warrant consent. Staff therefore recommend that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent, subject to conditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 2013/96/473 by Longridge Group Pty Ltd for single storey dwelling,deck (maximum height 3m), undercroft parking, retaining walls (maximum height2.2m) and associated earthworks (non-complying) at 212 Norton Summit RD,Norton Summit SA 5136 subject to the following conditions:

(1)Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance with thefollowing plans, details and written submissions accompanying theapplication, unless varied by a separate condition:- Longridge plans and details received by the Council on 3 December 2013- Longridge external materials and colours received by the Council on 15

February 2013- Planning Studio Statement of Effect received by the Council on 25 February

2014


(2)Residential LightingAll external lighting shall be directed away from residential development and,shielded if necessary to prevent light spill causing nuisance to the occupiersof those residential properties.

REASON: Lighting shall not detrimentally affect the residential amenity of thelocality.

(3)External FinishesThe external finishes to the building herein approved shall be as follows.WALLS: external cladding in solver evening haze or similarROOF: colorbond © jasper or similar


REASON: The external materials of buildings should have surfaces which areof a low light-reflective nature and blend with the natural rurallandscape and minimise visual intrusion.

(4)Treatment To Excavations And FillAll exposed excavations and fill as shown on site plan (insert plan reference)shall be:(a) rounded off and battered to match and blend with the natural contours of

the land;(b)covered with approximately 100mm of topsoil;(c) seeded to avoid erosion and visual concerns; and(d)screened with trees, shrubs and ground covers

prior to occupation of the approved development to the reasonablesatisfaction of Council.

REASON: To maintain the visual amenity of the locality in which the subjectland is located.

(5)Soil Erosion ControlPrior to construction of the approved development hay bales (or other soilerosion control methods as approved by Council) shall be placed and securedbelow areas of excavation and fill to prevent soil moving off the site duringperiods of rainfall.

REASON: Development should prevent erosion and stormwater pollutionbefore, during and after construction.

(6)CFS Access Requirements - New RoadsPrivate roads and access tracks shall provide safe and convenient access andegress for bushfire fighting vehicles as follows:• Access to the building site shall be of all-weather construction, with a

maximum formed road surface width of 3 metres and shall allow forforward entry and exit of large bushfire fighting vehicles.

• The all-weather road shall be constructed such that it is protected fromwater erosion of the traffic surface. The road surface shall be profiled tomanage storm water runoff to appropriate drains, at one or both sides ofthe traffic surface.The accumulated volumes of water shall be directed via:a) Open drains, orb) Culverts and pipes under the traffic surface and/or away from same,

without causing further soil erosion, silting of adjacent areas ofwatercourses or instability of any embankment or cutting.

• All dead-end roads shall be constructed to allow large bushfire fightingvehicles to turn around with safety by use of either:- a turnaround area with a minimum formed road surface diameter of

25 metres, or- a “T” or “Y” shaped turn around area with minimum formed road

surface leg lengths of 11 metres and minimum inside road radii of8.5 metres.


• All road curves shall have minimum inside road radii of 8.5 metres.• The gradient of the access road shall not exceed 16 degrees (29%). Solid crossings over waterways shall be provided to withstand the weight

of large bushfire appliances (GVW 21 tonnes). Vegetation overhanging the access road shall be pruned to achieve a

minimum vertical height clearance of 4 metres.

REASON: To provide safe access to properties in the event of a bushfire.

(7)CFS Vegetation/LandscapingLandscaping shall include bushfire protection features which will prevent orinhibit the spread of bushfire and minimise the risk of life and/or damage tobuildings and property, as follows:• Trees and shrubs shall not be planted closer to the building(s) or

powerlines than the distance equivalent to their mature height. All trees within 15 metres of the buildings shall be removed. All branches overhanging the roof shall be removed or trimmed clear of the

roof, beyond the line of the gutters All trees within 20 metres of the building shall be modified to provide a

vertical bushfire break by removing branches within 2 metres of theground surface

All shrubs/understorey plants within 10 metres of the building(s) shall beremoved

Grasses within 20 metres of the dwelling or to the property boundaries,whichever comes first, shall be reduced to a height of 10cms during theFire Danger Season.

• Maintain existing garden to be free of accumulated dead vegetation.

REASON: To minimise the threat and impact of bushfires on life and property

(8)CFS Water SupplyA supply of water independent of reticulated mains supply shall be available atall times for fire fighting purposes:• A minimum supply of 30,000 litres of water shall be available for bushfire

fighting purposes at all times• This supply shall be fitted with a fuel driven pump or an equivalent system

that operates independent of mains electricity and is capable ofpressurising the water for bushfire fighting purposes.

• The pump and flexible connections to the water supply shall be protectedfrom the impact of fire by a suitably ventilated, non-flammable cover (metalor masonry material).

• The diameter of all fittings and flexible reinforced suction hose connectingthe bushfire water supply to the fuel driven pump shall be no smaller thanthe diameter of the pump inlet valve.

• The bushfire fighting pump shall be located:-• At or adjacent to the dwelling to ensure occupants safety when

operating the pump during a bushfire.• NB: An “Operations Instruction Procedure” shall be located with

the pump control panel


• The bushfire fighting water supply shall be clearly identified and fitted withan outlet of at least 50mm diameter terminating with a fire service 64mmmale London round thread adapter which shall be accessible to bushfirefighting vehicles at all times.

• All non-metal fire-fighting water supply pipes other than flexibleconnections to fire-fighting pumps shall be buried at least 300mm belowfinished ground level

A ground based bushfire sprinkler system shall be above ground andinstalled to provide an unbroken band of wet vegetation surrounding thebuildings.

o All above ground bushfire water supply pipes and sprinkler headsshall be metal

• Two hoses (minimum 19mm ¾ inch internal diameter) and metal, spray jetnozzles capable of withstanding the pressures of the supplied water and ofsufficient length to reach all parts of the building shall be readily accessibleof all times.

• The hoses and water connection points (taps) shall be located at oradjacent to the dwelling to ensure occupants safety when using the hosesduring a bushfire.

REASON:To minimise the threat and impact of bushfires on life and property.

(9)CFS Conditions To Be Completed Prior To OccupationThe Country Fire Service Bushfire Protection Conditions shall be substantiallycompleted prior to the occupation of the building and thereafter maintained ingood condition.


(10) Stormwater Roof Runoff To Be Dealt With On-SiteAll roof runoff generated by the development hereby approved shall be treatedon-site to the satisfaction of Council using design techniques such as:- Rainwater tanks- Grassed swales- Stone filled trenches- Small infiltration basins

Stormwater overflow management shall be designed so as to not permittrespass into the effluent disposal area. Stormwater should be managed onsite with no stormwater to trespass onto adjoining properties.

REASON: To minimise erosion, protect the environment and to ensure noponding of stormwater resulting from development occurs onadjacent sites.

(11) Entry/exit to the siteAll vehicles shall enter and exit the site in a forward direction

REASON: To provide safe and efficient movement of people and goods.


(12) Closure of barrier linesThe break in the double barrier lines on Norton Summit Road serving theaccess point shall be closed prior to completion of the dwelling. This willrestrict access to left-in and left-out movements only.

REASON: To provide safe and efficient movement of people and goods.

(13) StormwaterNo stormwater from the development shall discharge on-surface to NortonSummit Road. In addition, any existing drainage of the road shall beaccommodated in the development. Any alterations to road drainageinfrastructure as a result of this development shall be at the expense of theapplicant.


(14) Prior to Building Rules Consent Being Granted - Requirement for SoilErosion And Drainage Management Plan (SEDMP)Prior to Building Rules Consent being granted the applicant shall prepare andsubmit to Council a Soil Erosion and Drainage Management Plan (SEDMP) forthe site for Council’s approval. The SEDMP shall comprise:-

• a major drainage plan,• a site plan,• supporting report,• calculations,• design sketches with details of erosion control methods that will prevent:

a. soil moving off the site during periods of rainfall and detail installation ofsediment collection devices to prevent the export and sediment fromthe site; and

b. erosion and deposition of soil moving into the remaining nativevegetation below the house site; and

c. soil moving into watercourses during periods of rainfall; andd. soil transfer onto roadways by vehicles and machinery

REASON: Development should prevent erosion and stormwater pollution before,during and after construction.


NOTES(1) Development Plan Consent

This Development Plan Consent is valid for a period of twelve (12) monthscommencing from the date of the decision (or if an appeal has beencommenced, the date on which the appeal is determined, whichever islater). Building Rules Consent must be applied for prior to the expiry of theDevelopment Plan Consent, or a fresh development application will berequired. The twelve (12) month period may be further extended by writtenrequest to, and approval by Council. Application for an extension is subjectto payment of the relevant fee.

(2) Erosion Control During ConstructionManagement of the property during construction shall be undertaken in sucha manner as to prevent denudation, erosion or pollution of the environment.

(3) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, as requiredby Section 25 of the Environment Protection Act 1993, to take all reasonableand practical measures to ensure that the activities on the whole site,including during construction, do not pollute the environment in a way whichcauses, or may cause, environmental harm.

(4) DEWNR Native Vegetation CouncilThe applicant is advised that any proposal to clear, remove limbs or trimnative vegetation on the land, unless the proposed clearance is subject to anexemption under the Regulations of the Native Vegetation Act 1991, requiresthe approval of the Native Vegetation Council. The clearance of nativevegetation includes the flooding of land, or any other act or activity thatcauses the killing or destruction of native vegetation, the severing ofbranches or any other substantial damage to native vegetation. For furtherinformation visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation


(5) CFS Bushfire Attack LevelCompliance with the fire protection requirements is not a guarantee thedwelling will not burn, but its intent is to provide a “refuge” from theapproach, impact and passing of a bushfire.

The Bushfire hazard for the area has been assessed as BAL 29.

The buildings shall incorporate the construction requirements for buildingsin Bushfire Prone areas in accordance with the Building Code of AustraliaStandard AS3959 “Construction of buildings in bushfire prone areas”.


(6) Access to Council land during constructionThe written approval of the Council (via the property department) shall beobtained by the applicant prior to use of the Council land forentry/construction purposes.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. CFS Response4. DPTI Response5. Representations6. Applicant’s response to representations7. Relevant Development Plan Zone provisions8. Relevant Development Plan Council Wide provisions


___________________________ _______________________________


ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3

CFS RESPONSE

ATTACHMENT 4

DPTI RESPONSE

ATTACHMENT 5

REPRESENTATION

ATTACHMENT 6

RESPONSE TO REPRESENTATIONS

ATTACHMENT 7

RELEVANT ZONE PROVISIONS

Objective 1: A zone in which the natural character is preserved and enhanced or in which a naturalcharacter is re-established in order to:

(a) provide a natural backdrop to the Adelaide Plain and a contrast to the urban area;(b) preserve and develop native vegetation and fauna habitats close to metropolitan Adelaide;(c) provide for passive recreation in an area of natural character close to the metropolitan area;(d) provide a part of the buffer area between metropolitan districts and prevent the urban area extending

into the western slopes of the Mount Lofty Ranges; and(e) ensure that the community is not required to bear the cost of providing services to land within the zone.

Objective 2: A zone accommodating low intensity agricultural activities and public/private open spaceand one where structures are located and designed in such a way as to:

(a) preserve and enhance the natural character or assist in the re-establishment of a natural character inthe zone;

(b) limit the visual intrusion of development in the zone, particularly when viewed from roads within thezone or from the Adelaide Plain;

(c) not create, either in themselves, or in association with other developments, a potential demand for theprovision of services at a cost to the community; and

(d) prevent the loss of life and property resulting from bushfires.

Principles of Development Control

PDC 1 Development should not be undertaken unless:(a) it is associated with a low intensity agricultural activity, a public open space area or a private use of an

open character, or is a detached single storey dwelling, including outbuildings and structures normallyassociated with such dwellings, on a single allotment; and

(b) together with associated native landscaping, it preserves and enhances the natural character of thezone or assists in the re-establishment of a natural character.

2 The excavation and/or filling of land should:(a) be kept to a minimum so as to preserve the natural form of the land and native vegetation;(b) only be undertaken in order to reduce the visual impact of buildings, including structures, or in order to

construct water storage facilities for use on the allotment; and(c) result in stable scree slopes which are covered with top soil and landscaped so as to preserve and

enhance the natural character or assist in the re-establishment of the natural character of the zone.

3 Development should not be undertaken if the operation and management of such development is likelyto result in:(a) pollution of underground or surface water resources;(b) over exploitation of underground or surface water resources;(c) adverse impact on underground or surface water resources, including any environmental flows required

to meet the needs of the natural environment;(d) unnecessary loss or damage to native vegetation including the full range of tree, understorey and

groundcover species/native grasses so as to maintain and enhance environmental values andfunctions, including conservation, biodiversity and habitat;

(e) denudation of pastures;(f) erosion;(g) dust;(h) noise nuisance;(i) the introduction of or an increase in the number of pest plants or vermin;(j) adverse impacts from chemical spray drift, chemical run-off or chemical residue in soils;(k) the erection of structures or construction of access tracks and parking areas in a manner which

detracts from the landscape character and visual amenity of the zone;(l) increased hazard to the locality from bushfires; or(m) loss of amenity to adjoining land or surrounding localities from:

(i) the visual impact of buildings, structures or earthworks; or

(ii) the intensity of activity associated with any such use, including significant adverse impacts arisingfrom chemical spray drift, use of audible bird or animal deterrent devices, and the use ofassociated vehicles and machinery.

7 Buildings, including structures, should be located in unobtrusive locations and, in particular, should:(a) be located well below the ridge line;(b) be located within valleys or behind spurs;(c) be located not to be visible against the skyline when viewed from roads within the zone or from the

metropolitan area particularly the Adelaide Plain;(d) be set well back from public roads, particularly when the allotment is on the high side of the road;(e) have the roof line below the lowest point of the abutting road when the allotment is on the low side of

the road;(f) be sited on an excavated rather than a filled site in order to reduce the vertical profile of the building;(g)be screened by existing native vegetation when viewed from roads within the zone or from the

metropolitan area particularly the Adelaide Plain;(h) not be located in areas subject to inundation by a 100 year return period flood event nor be sited on

land fill which would interfere with the flow of such flood waters;(i) not have a septic tank drainage field located to pollute watercourses; and(j) be located to maximize retention of existing native vegetation and retain watercourses in their natural

state.

8 Buildings, including structures should be unobtrusive and not detract from the desired natural characterof the zone and, in particular:(a) buildings should be of a single storey;(b) the profile of buildings should be low and the roof lines should complement the natural form of the land;(c) the mass of buildings should be minimized by variations in wall and roof lines and by floor plans which

complement the contours of the land;(d) large eaves, verandahs and pergolas should be incorporated into designs to create shadowed areas

which reduce the bulky appearance of buildings; and(e) the mass of buildings should be minimized by having separate vehicle storage areas.

9 Buildings should have a:(a) year round water supply and a safe and efficient effluent disposal system which will not pollute

watercourses or underground water resources or be a risk to health; and(b) safe, clean, tidy and unobtrusive area for the storage and disposal of refuse so that the desired natural

character of the zone is not adversely affected.

14 Driveways and access tracks should follow contours of the land to reduce their visual impact anderosion from water runoff and be surfaced with dark materials. Excavation/filling of land should be keptto a minimum to preserve the natural form of the land and native vegetation.

22 Development should only be undertaken if it can be located and designed to maximize the retention ofexisting native vegetation and, where possible, increase the extent of native vegetation.

24 Native trees, shrubs and ground covers should be established to screen development, including screeslopes created as a result of excavation and/or filling of land, in such a way that the bushfire hazard isnot increased. Screening mounds may also be appropriate.

ATTACHMENT 8

RELEVANT COUNCIL WIDE PROVISIONS


7 The excavation and/or filling of land should:(a) be kept to a minimum and be limited to no greater than 1.5 metres to preserve the natural form of

the land and the native vegetation;(b) only be undertaken to reduce the visual impact of buildings, including structures, or to construct

water storage facilities for use on the allotment;(c) only be undertaken if the resultant slope can be stabilised to prevent erosion; and(d) result in stable scree slopes which are covered with top soil and landscaped to preserve and

enhance the natural character or assist in the re-establishment of the natural character.

9 Development should not take place in a manner which will interfere with the effective use of other landin the locality and which will not prevent the attainment of the objectives for that other land.

13 Development should not detrimentally affect the character or amenity of its locality or cause nuisance tothe community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil,

waste water, waste products, electrical interference or light; or(b) by stormwater, or the drainage of run-off from the land; or(c) if the slope and soil structure of the land is unsuitable for septic tank effluent disposal where

required; or(d) by the loss of privacy; or(e) traffic generation; or(f) storage of inflammable or toxic waste, or(g) unsightly appearance

24 Other than Centre zones the following building set-backs apply to boundaries not being a boundary witha road:(a) one metre within Country Township and Residential Zones;(b) two metres within any other zone other than the State Heritage Area (Mount Torrens) Zone;(c) as specified in the Principles of Development Control for development within the State Heritage Area

(Mount Torrens) Zone.

25 Other than in Centre zones buildings and structures should be set-back a minimum of eight metres fromthe road boundary of an allotment. Where an allotment has multiple road frontages, buildings andstructures should be set-back a minimum of eight metres from the major road and 2.5 metres from theminor road(s).

208 Native vegetation should not be cleared if it:(a) provides important habitat for wildlife;(b) has a high plant species diversion or has rare or endangered plant species and plant associations;(c) has high amenity value;(d) contributes to the landscape quality of an area;(e) has high value as a remnant of vegetation associations characteristic of a district or region prior to

extensive clearance for agriculture;(f) is associated with sites of scientific, archaeological, historic, or cultural significance; or(g) is growing in, or is characteristically associated with, a wetland environment.

230 The appearance of land, buildings and objects should not impair the amenity of the locality in whichthey are situated.



Applicant: Sean Lyons-Reid Landowner: A G Noack

Agent: Ward: Marble HillDevelopment Application: 2013/175/473 Originating Officer: Sam Clements

Application Description: Construction of single storey detached dwelling, excavationexceeding 1.5m & demolition of existing dwelling, outbuilding & water storage tank (non-complying)

Subject Land: Lot:2 Sec: P18 FP:130941CT:6109/468Subject Land: Lot:1 Sec: P18 FP:130941CT:6109/467

General Location: 181 Ridge Road, Ashton

(Refer to Locality Plan Attachment 1)

Development Plan Consolidated : 24January 2013Map AdHi/3





Notice published in The Advertiser on 21February 2014

Representations Received: One

Representations to be Heard: Nil

1. EXECUTIVE SUMMARYThe purpose of this application is to demolish the existing dwelling and construct a newdwelling including associated earthworks (some of which are retrospective).

The subject land is located within the Hills Face Zone and is a non-complying form ofdevelopment. One representation in support of the proposal was received during theCategory 3 public notification period.

The application is a non-complying form of development as the depth of excavationexceeds 1.5m and the wall height to finished ground level exceeds 3m.The proposal is for a single-storey dwelling in the Hills Face Zone. The design, materialsand colours are considered suitable. Whilst the extent of earthworks is considerable, theproposal is for excavation rather than filling and no retaining walls are required as aresult.


The main issues relating to the proposal are the impact of the proposal on the locality andextent of earthworks. Following an assessment against the relevant zone and CouncilWide provisions within the Development Plan, staff are recommending thatCONCURRENCE from the Development Assessment Commission be sought to GRANTDevelopment Plan Consent.

Council Development Assessment Panel Meeting – 3 June 2014S Lyons-Reid13/175/473

2. DESCRIPTION OF THE PROPOSAL

Single-storey dwelling with three bedrooms, living/dining/kitchen area, media room,verandahs and associated amenities (local sandstone and weathered steel walls withColorbond © jasper roofing). The dwelling is to be constructed over the footprint ofthe existing dwelling.

Demolition of the existing dwelling.

Maximum wall height 5.8m.

10,000 litre water storage tank.

Associated earthworks including excavation to depth of 3 metres (some of which areretrospective).

Proposed setbacks for the dwelling are in excess of 88 metres to the closest boundary.


3. HISTORYJanuary 11, 2013 10/949/473 CDAP approved builder store and light

industryJune 25, 2013 13/397 and

12/172/473 Council approved demolition andrumpus room and variations

May 30, 2011 11/200/473 Council approved a farm buildingMay 4, 2010 09/1037/473 Council approved five shipping containers

for domestic storageJanuary 16, 2009 06/D65/473 DAC approved a land division – boundary

re-alignment

The property was previously used as the Ashton works depot, landfill site and wastetransfer station for the Council. The property was sold in early 2008.


CFSThe CFS have no objection to the proposal and have recommended a group ofstandard conditions (refer conditions x-z).




5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notificationand a public notice. One representation in support was received from the owner of anearby property.

The applicant may be in attendance.

A copy of the submission is included as Attachment 4.


i. The Site’s Physical CharacteristicsThe subject land consists of two allotments. The subject land contains theAshton Kindergarten, a dwelling, carport and garage, a stone barn, and withinthe old Council depot are an annexe, workshop with office, five shippingcontainers, concrete bays and large concrete water storage tank. The land isnow used as a builders store and light industry, as per the 2013 approval. Theold depot is approximately 4000m2 in area and is surrounded by cyclonefencing. In the northern portion of the subject land is a land fill site that isunder remediation. Two watercourses flow through the site and meet togetheron the adjacent property to the north. The subject land has a steep slope downto the north which drops off quite dramatically from the land fill site down to thenative forest. The subject land is relatively bare of vegetation aside from therear north-eastern and north-western corners where there are dense areas ofnative vegetation which continue into the dense native forest on theneighbouring properties to the north, one of which is the conservation park.

ii. The Surrounding AreaThe locality consists of predominantly large rural holdings which range in sizefrom 3019m2 to 246.4 hectares. The allotments are mostly used for horticultureand are also developed with dwellings. Some of the other uses in the localityinclude the Ashton Cold stores and warehouse. The Ashton hardware shop,rural residential, livestock grazing, viticulture and the conservation park areother uses in the locality. The north side of Ridge and Woods Hill Roads are inthe Hills Face Zone and the south side is in the Watershed (PrimaryProduction) Zone.






Appropriateness of Proposal in LocalityThe dwelling is consistent with other buildings in the locality in terms ofmaterials and bulk. The design of the dwelling varies from that found in thelocality, however is not considered to be seriously at variance with the locality.The land is not visible from the Adelaide Plains. Earthworks of a maximumdepth of 3 metres are proposed. Whilst this is in contravention to Zone PDC 2these works will reduce the visual impact of the building in the locality. Theproposal is considered to accord with Zone PDC 7.

The single storey design and low profile of the majority of the building as wellas the proposed materials and colours contribute to satisfying Zone PDC 8. Noretaining walls are proposed due the battering of the earthworks and theproposal therefore does not offend Zone PDC 13.

ConservationNo native vegetation is proposed to be removed to facilitate construction of thedwelling and effluent disposal area, in accordance with Zone PDC 22.




Form of DevelopmentThe proposal includes 3m excavation. This will reduce the visual impact of theproposal, however due to the battering of the earthworks it is not consideredthat earthworks have been minimised, or that the natural form of the land ismaintained. The proposal is therefore partly consistent with CW PDCs 7 &230. However, to reduce the earthworks, retaining walls would be required andthis would be contrary to other CW PDCs. Given the size of the subject landand other activities on the land, the proposed earthworks are consideredreasonable.

The proposal is a medium size dwelling however the proposed design createswall heights in excess of 3 metres. The subject land is not visible from thePlains. As discussed above the colours and materials will blend with theenvironment and are considered suitable. The proposal therefore satisfies CWPDC 13. No native vegetation is required to be removed to enable a dwellingto be constructed on the land.

Proposed setbacks are well in excess of those designated in CW PDCs 24and 25.



ConservationAs discussed above, no native vegetation is proposed to be removed for theconstruction of the dwelling and associated effluent disposal area. Theproposal is therefore in accordance with the CW Conservation Objectives andPrinciples of Development Control.

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landStormwater will be directed to the proposed and existing water storage tankswith overflow dispersed on-site.

Water Supply & Effluent DisposalA waste control system has been approved on a flat portion of the land andwater supply is via the existing water storage tanks and bore. The proposal istherefore consistent with Zone PDC 9.


Transportation issuesNo issues.

Fire Protection issuesThe CFS has assessed the site as BAL 19. Clearance of shrubs/understoreyplants within 20 metres of the proposed dwelling is required. An existing150,000 litre water storage tank fed from a bore will provide the requiredwater. The land has sufficient area for CFS turnaround areas.The proposal isin accordance with CW Bushfire Protection Objectives and Principles ofDevelopment Control.

Vegetation & Land ManagementNo issues.


Construction issuesThe excavated soil will be used as part of the remediation of the former landfillon the same land. The dwelling is to be constructed on the footprint of theexisting dwelling and therefore site contamination is not a concern.

7. SUMMARY & CONCLUSIONThe proposal is for a single-storey dwelling in the Hills Face Zone. The design, materialsand colours will blend with the environment and are considered suitable. Whilst the extentof earthworks is considerable, the proposal is for excavation rather than filling and noretaining walls are required as a result. There is sufficient turnaround for CFS trucks andwater capacity is sufficient.


The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, despite its non-complying nature, and it is considered the proposal is not seriouslyat variance with the Development Plan. In the view of staff, the proposal has sufficientmerit to warrant consent. Staff therefore recommend that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent, subject to conditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 2013/175/473 by Sean Lyons-Reid for Construction of single storeydetached dwelling, excavation exceeding 1.5m & demolition of existing dwelling,outbuilding & water storage tank (non-complying) at 181 Ridge Road, Ashton SA5137 subject to the following conditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance withthe following plans, details and written submissions accompanying theapplication, unless varied by a separate condition: Site plans, floor plans, sections and details received by the Council on

4 February 2014 Statement of Effect received by the Council on 5 February 2014


(2) Residential LightingAll external lighting shall be directed away from residential developmentand, shielded if necessary to prevent light spill causing nuisance to theoccupiers of those residential properties.


(3) External FinishesThe external finishes to the building herein approved shall be as follows.WALLS: local sandstone and weathered steel or similarROOF:colorbond © jasper or similar



(4) Treatment To Excavations And FillAll exposed excavations and fill as shown on site plan (insert planreference) shall be:(a) rounded off and battered to match and blend with the natural contours

of the land;(b)covered with approximately 100mm of topsoil;(c) seeded to avoid erosion and visual concerns; and(d)screened with trees, shrubs and ground covers



(5) Soil Erosion ControlPrior to construction of the approved development hay bales (or other soilerosion control methods as approved by Council) shall be placed andsecured below areas of excavation and fill to prevent soil moving off thesite during periods of rainfall.


(6) CFS Access Requirements - New RoadsPrivate roads and access tracks shall provide safe and convenient accessand egress for bushfire fighting vehicles as follows:• Access to the building site shall be of all-weather construction, with a

maximum formed road surface width of 3 metres and shall allow forforward entry and exit of large bushfire fighting vehicles.

• The all-weather road shall be constructed such that it is protected fromwater erosion of the traffic surface. The road surface shall be profiled tomanage storm water runoff to appropriate drains, at one or both sides ofthe traffic surface.

The accumulated volumes of water shall be directed via:a) Open drains, orb) Culverts and pipes under the traffic surface and/or away from same,

without causing further soil erosion, silting of adjacent areas ofwatercourses or instability of any embankment or cutting.

• All dead-end roads shall be constructed to allow large bushfire fightingvehicles to turn around with safety by use of either:

- a turnaround area with a minimum formed road surface diameter of25 metres, or

- a “T” or “Y” shaped turn around area with minimum formed roadsurface leg lengths of 11 metres and minimum inside road radii of8.5 metres.

• All road curves shall have minimum inside road radii of 8.5 metres.• Solid crossings over waterways shall be provided to withstand the

weight of large bushfire appliances (GVW 21 tonnes)



(7) CFS Vegetation/LandscapingLandscaping shall include bushfire protection features which will preventor inhibit the spread of bushfire and minimise the risk of life and/or damageto buildings and property, as follows:• Trees and shrubs shall not be planted closer to the building(s) or

powerlines than the distance equivalent to their mature height.• All shrubs/understorey plants within 20 metres of the building(s) shall be

removed• Maintain existing garden to be free of accumulated dead vegetation.


(8) CFS Water SupplyA supply of water independent of reticulated mains supply shall beavailable at all times for fire fighting purposes:• A minimum supply of 22,000 litres of water shall be available for bushfire

fighting purposes at all times• This supply shall be fitted with a fuel driven pump or an equivalent

system that operates independent of mains electricity and is capable ofpressurising the water for bushfire fighting purposes.

• The pump and flexible connections to the water supply shall beprotected from the impact of fire by a suitably ventilated, non-flammablecover (metal or masonry material).

• The diameter of all fittings and flexible reinforced suction hoseconnecting the bushfire water supply to the fuel driven pump shall be nosmaller than the diameter of the pump inlet valve.


operating the pump during a bushfire.• NB: An “Operations Instruction Procedure” shall be located with

the pump control panel• The bushfire fighting water supply shall be clearly identified and fitted

with an outlet of at least 50mm diameter terminating with a fire service64mm male London round thread adapter which shall be accessible tobushfire fighting vehicles at all times.

• All non-metal fire-fighting water supply pipes other than flexibleconnections to fire-fighting pumps shall be buried at least 300mm belowfinished ground level.

• Two hoses (minimum 19mm ¾ inch internal diameter) and metal, sprayjet nozzles capable of withstanding the pressures of the supplied waterand of sufficient length to reach all parts of the building shall be readilyaccessible of all times.

• The hoses and water connection points (taps) shall be located at oradjacent to the dwelling to ensure occupants safety when using thehoses during a bushfire.


(9) CFS Conditions To Be Completed Prior To Occupation


The Country Fire Service Bushfire Protection Conditions shall besubstantially completed prior to the occupation of the building andthereafter maintained in good condition.


(10) Stormwater Roof Runoff To Be Dealt With On-SiteAll roof runoff generated by the development hereby approved shall betreated on-site to the satisfaction of Council using design techniques suchas:- Rainwater tanks- Grassed swales- Stone filled trenches- Small infiltration basins













9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. CFS Response4. Representations5. Relevant Development Plan Zone provisions6. Relevant Development Plan Council Wide provisions


___________________________ _______________________________


ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3

CFS RESPONSE

ATTACHMENT 4

REPRESENTATION

ATTACHMENT 5




into the western slopes of the Mount Lofty Ranges; and(e) ensure that the community is not required to bear the cost of providing services to land within the

zone.













3 Development should not be undertaken if the operation and management of such development is likelyto result in:(a) pollution of underground or surface water resources;(b) over exploitation of underground or surface water resources;(c) adverse impact on underground or surface water resources, including any environmental flows

required to meet the needs of the natural environment;(d) unnecessary loss or damage to native vegetation including the full range of tree, understorey and



detracts from the landscape character and visual amenity of the zone;(l) increased hazard to the locality from bushfires; or

(m) loss of amenity to adjoining land or surrounding localities from:(i) the visual impact of buildings, structures or earthworks; or(ii) the intensity of activity associated with any such use, including significant adverse impacts arising

from chemical spray drift, use of audible bird or animal deterrent devices, and the use ofassociated vehicles and machinery.






state.

8 Buildings, including structures should be unobtrusive and not detract from the desired natural characterof the zone and, in particular:(a) buildings should be of a single storey;(b) the profile of buildings should be low and the roof lines should complement the natural form of the

land;(c) the mass of buildings should be minimized by variations in wall and roof lines and by floor plans which









ATTACHMENT 6








13 Development should not detrimentally affect the character or amenity of its locality or cause nuisanceto the community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil,



24 Other than Centre zones the following building set-backs apply to boundaries not being a boundarywith a road:(a) one metre within Country Township and Residential Zones;(b) two metres within any other zone other than the State Heritage Area (Mount Torrens) Zone;(c) as specified in the Principles of Development Control for development within the State Heritage

Area (Mount Torrens) Zone.







Applicant: Kym Nitschke Landowner: S V Nitschke

Agent: Kym Nitschke Ward: Marble HillDevelopment Application: 13/648/473 Originating Officer: Marie Molinaro

Application Description: Filling of land exceeding 9 cubic metres (maximum height1.8m) (non-complying)

Subject Land: Lot:39 Sec: P505FP:129993 CT:5755/982

General Location: 141 Ridge Road, Ashton

(Refer to Locality Plan Attachment 1)Development Plan Consolidated :24 January 2013Map AdHi/15



Site Area: 6.17 Hectares


Notice published in The Advertiser onFriday April 11 2014

Representations Received: NIL

Representations to be Heard: NIL

1. EXECUTIVE SUMMARYThe purpose of this application is to gain retrospective consent for the filling of landexceeding 9 cubic metres with a maximum height of 1.8 metres.

The subject land is located within the Hills Face Zone and is a non-complying form ofdevelopment. No representations were received during the Category 3 public notificationperiod.

The fill is located below the benched area of the dwelling and varies in height from 1metre to 1.8 metres. The fill has been battered, and the applicant proposes to seed thefill with grass.


The main issues relating to the proposal are the extent and stability of the earthworks andhow the earthworks impact on the visual amenity of the locality and the Adelaide Plains.


Council Development Assessment Panel Meeting – 3 June 2014Kym Nitschke13/648/473


Use of the excavated soil associated with the recently constructed domesticoutbuilding (13/160/473) to fill a portion of the land below the benched area of thedwelling to create a grassed area for cattle to graze upon.

The fill has been battered, with the height of the battered fill ranging from 1 metre to1.8 metres.

The proposed plans are included in Attachment 2.

3. HISTORYJuly 2, 2013 13/160/473 CDAP approved a domestic outbuilding

February 24, 2014 12/951/473 Council approved a verandah attached tothe dwelling

August 22, 2012 12/178/473 Council approved a variation todevelopment authorisation 11/9/473

September 6, 2011 11/9/473 CDAP approved dwelling alterations andadditions, swimming pool, water storagetank & removal of seven significant trees

March 9, 2010 10/167/473 Council approved a stock yard & ramp

4. REFERRAL RESPONSESNo referrals were required for this application.

5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notificationand a public notice. No representations were received during the public notificationperiod.


i. The Site’s Physical CharacteristicsThe subject land is on the northern side of Ridge Road and is a 6.17 Hectaretriangular shaped allotment. Built form on the land consists of a dwelling andassociated domestic structures that are clustered together near the westernboundary of the allotment. The land is quite steep and is punctuated by avalley with a watercourse flowing through it near the northern boundary and alarge tract of native vegetation. The dwelling is approximately 25 metresbelow the road level at the highest point of Ridge Road.


ii. The Surrounding AreaThe surrounding area consists of allotments used for rural residential andprimary production purposes (grazing and horticulture). Allotments on thenorthern side of Ridge Road are located within the Hills Face Zone, whilstallotments on the southern side of Ridge Road are located within theWatershed (Primary Production) Zone.


The subject land lies within the Hills Face Zone and these provisions seek:- To preserve the natural background to the Adelaide Plains through the

retention of native vegetation.- To encourage low intensity agricultural activities and public/private space

where development is designed to limit visual intrusion particularly whenviewed from roads within the Zone and the Adelaide Plains.


Accordance with Zone

The proposal is for the filling of land to a maximum height of 1.8 metres tocreate a benched area which will be seeded with Kikuyu grass for cattle tograze upon. This accords with Objective 2 which encourages low intensitygrazing, PDC 1 (a) which states that development should not be undertakenunless it is associated with a low intensity agricultural activity and PDC 2 (c)which states that filling of land should result in stable scree slopes which arecovered with topsoil and landscaped.

Whilst Kikuyu grass is not native vegetation, which is at variance with PDCs 1(b) and 24 it is considered an acceptable landscaping choice as the intendedpurpose of the fill is to create a benched area to facilitate the grazing of cattle.It is also noted that no native vegetation has been removed as a result of thedevelopment which is in accordance with Objective 1(b) and PDC 22.

The seeding of the fill with Kikuyu grass will limit any potential erosion or dustnuisance associated with the development which accords with PDC 3 (f)(g)and it is considered that grass will not increase the bushfire hazard to thedwelling which accords with PDC 3 (l). It is also considered that seeding thefill with grass will assist with minimising the visual impact of the developmentfrom the Adelaide Plains and adjoining land, which is in accordance withObjective 2 (b) and PDC 3 (m). In any event, the subject land is not readilyvisible from the Adelaide Plains and the contour level of the fill at its highestpoint is below the finished level of the dwelling, which is below Ridge Roadand the dwellings on adjacent allotments.


It is stated in a report from Ron Selth Engineer that the fill and associatedbanks are “generally considered stable except for the top approximately500mm of loose soil and clay, which shall be trimmed back to approximately45 degrees”, this accords with PDC 4.

PDC 26 includes the non-complying trigger for filling of land in the Hills FaceZone contemplates filling up to 1 metre above natural ground level. Whilst themaximum height of the fill in this case more than what is contemplated by thisPDC, the development is considered to be reasonable given that the fill is notconsistently 1.8 metres in height, and the subject land is not readily visiblefrom the Adelaide Plains.


The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development.- Protection of the visual amenity and rural character of localities


The main issues relating to the proposal are the extent, and stability of theearthworks and how the earthworks impact on the visual amenity of thelocality. PDC 7 states that the “filling of land should be kept to a minimum andbe limited to no greater than 1.5 metres to preserve the natural form of theland”. This is also re-iterated in PDCs 201 and 228. Whilst the maximumheight of the fill is 1.8m this is only 300 millimetres greater than what iscontemplated in PDC 7, and it is noted that the height of the fill ranges from 1metre to a maximum of 1.8 metres.

As noted previously in the report, the fill will be seeded with Kikuyu grasswhich will assist in minimising erosion or dust nuisance caused by thedevelopment, and visual intrusion upon the Adelaide Plains or adjoining land.In any event, the development is below the benched area of the dwelling,which is below Ridge Road and dwellings on adjacent allotments. Thisaccords with Objectives 68, 77, 87 and 90, and PDCs 201, 227, 230 and 233.Given that the development does not impact on the visual amenity of thelocality and it has been demonstrated that the fill is stable, the development isconsidered to be orderly and economic which accords with Objective 1.

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landAs noted previously in the report, written advice from an engineer concludesthat the fill and associated banks are “generally considered stable except forthe top approximately 500mm of loose soil and clay, which shall be trimmedback to approximately 45 degrees”. This accords with PDCs 6 and 7(d).

Water Supply & Effluent DisposalThe dwelling on the subject land is serviced by an on-site waste controlsystem. The septic tank is located next to the dwelling and is not impactedupon by the development.


Solid Waste DisposalNo issues.

Transportation issuesNo issues.

Fire Protection issuesNo issues.

Vegetation & Land ManagementNo vegetation will be removed as part of this proposal.

Environmental/Public Health issuesThe fill is approximately 28 metres from the water course which flows throughthe subject land at the closest point and approximately 34m from the dam onthe subject land.

Construction issuesThe development has already been completed, with the fill coming from theexcavation associated with the recently constructed domestic outbuilding(13/160/473). The development is 39m from the nearest boundary.

7. SUMMARY & CONCLUSIONWhilst the height of the fill exceeds what is contemplated by the non-complying trigger inthe Hills Face Zone, and general Council Wide provisions, it is considered that the visualamenity of the locality and Adelaide Plains will not be affected by the development, as thesubject land is not readily visible from the Plains. The fill is located below the benchedarea of the dwelling which is below Ridge Road and dwellings on adjacent allotments,and the fill will be seeded with grass. The fill has been battered, and it has beendemonstrated by an engineer that it is generally stable.The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, despite its non-complying nature, and it is considered the proposal is not seriouslyat variance with the Development Plan. In the view of staff, the proposal has sufficientmerit to warrant consent. Staff therefore recommend that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent, subject to conditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 13/648/473 by Kym Nitschke for Filling of land exceeding 9 cubicmetres (maximum height 1.8m) (non-complying) at 141 Ridge Road, Ashton 5137subject to the following conditions:

(1) The development herein approved shall be undertaken in accordancewith the following plans, details and written submissions accompanyingthe application, unless varied by a separate condition:


Amended site plan by Plans Ink, received by Council 4 April 2014Partial site plan by Plans Ink, received by Council 14 August 2013Amended section plan by Plans Ink, received by Council 4 April 2014Existing contour plan, received by Council 4 April 2014Proposed contour plan by Mosel Steed, received by Council 14 March2014Amended certificate of Adequacy by Ron Selth, received by Council 4April 2014Statement of Effect by Adelaide Hills Development Services, received byCouncil 19 March 2014

REASON: To ensure the proposed development is undertaken inaccordance with the approved plans.

(2) All exposed excavations and fill as shown on the site plan by Plans Ink,received by Council 4 April 2014 shall be:(a) rounded off and battered to match and blend with the naturalcontours of the land;(b) covered with approximately 100mm of topsoil;(c) seeded to avoid erosion and visual concerns ; and(d) screened with trees, shrubs and ground coversprior to occupation of the approved development to the reasonablesatisfaction of Council.

REASON: To maintain the visual amenity of the locality in which thesubject land is located.

(3) Drainage channels are to be provided above and below the cut and fillarea to minimise water entry.


NOTESThis development approval is valid for a period of twelve monthscommencing from the date of the decision notification. However if thedevelopment hereby approved is substantially commenced within thetwelve (12) month period then it shall be completed within three (3) yearsof the date of such notification. This time period may be further extendedbeyond the 3 year period by written request to and approval, by Councilprior to the approval lapsing. Application for an extension is subject topayment of the relevant fee. Please note that in all circumstances a freshdevelopment application will be required if the above conditions cannotbe met within the respective time frames.


9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. Relevant Development Plan Zone provisions4. Relevant Development Plan Council Wide provisions


___________________________ _______________________________

Marie Molinaro Vanessa NixonStatutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4




Applicant: Rivergum Homes Pty Ltd Landowner: V Kardasors & I Libeka

Agent: Lou Fantasia Ward: Marble HillDevelopment Application: 2012/597/473 Originating Officer: Vanessa Nixon

Application Description: Single storey dwelling, retaining walls (maximum height 2.1m),water storage tanks (34.4 & 30 kLs), associated earthworks & removal of native vegetation(non-complying)

Subject Land: Lot:107 Sec: P925DP:4802 CT:5289/974

General Location: 1 Christopher Avenue,Greenhill

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 12April 2012Map AdHi/3



Site Area: 1410m²


Notice published in The Advertiser on 21February 2014

Representations Received: 2 (subsequentlywithdrawn)


1. EXECUTIVE SUMMARYThe purpose of this application is to seek consent to construct a dwelling with associatedretaining walls and earthworks on vacant land in Greenhill.

The subject land is located within the Hills Face Zone and is a non-complying form ofdevelopment. Two representations in opposition were received but subsequentlywithdrawn.

The application is a non-complying form of development as the depth of filling exceeds1.5m, the wall heights exceed 3m and the clearance of native vegetation is required.


The main issues relating to the proposal are visual intrusion and impact on nativevegetation.


Council Development Assessment Panel Meeting – 3 June 2014Rivergum Homes12/597/473


Single-storey dwelling with four bedrooms, living/kitchen meals, verandah andassociated amenities (ironstone Colorbond © roofing, woodgrain external claddingpainted windspray.

Wall height 3.2m.

Single width free standing carport.

34,400 litre & 30,000 litre water storage tanks.

13 retaining walls (maximum height 2.1m) for the driveway, carport, effluent disposalareas and water tank

Associated earthworks including filling up to 2.1m for driveway.

Clearance of 21 native trees (Eucalyptus leucoxylon ssp. mid woodland over Acaciapycnantha over Olearia ramulosa mid shrubs over Briza maxima, Arthropodiumstrictum +/- Hibbertia exutiacies, Senecio pterophorus mid tussock grasses

Proposed setbacks for the dwelling are 7.2m from Christopher Avenue and 12m fromGreenhill Road. The carport will be accessed from Christopher Avenue and no access isproposed from Greenhill Road.


3. HISTORYApril 28, 2010 10/579/473 application for single storey dwelling

withdrawnAugust 19, 2003 03/424/473 Council approved removal of a significant

gum tree


CFSThe CFS have no objection to the proposal and have recommended a group ofstandard conditions (refer conditions 6-9).


NVCApproval for the clearance of native vegetation in accordance with the CFSrecommendations has been given.

A copy of the approval is included as Attachment 4.


AHC ENGINEERINGCouncil’s Engineering Department have no objection to the proposed drivewaylocation and recommend sealing of the crossover.


5. CONSULTATIONThe application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act 1993 requiring formal public notificationand a public notice. Two representations were received but subsequently withdrawn.

The applicant (or their representative – Mr Lou Fantasia) may be in attendance.


i. The Site’s Physical CharacteristicsThe subject land is an irregular shaped vacant allotment with an area of1410m². The subject land has a 37.5m frontage to Christopher Avenue and66m to Greenhill Road. No vehicular access from Greenhill Road is available.The subject land has a steep slope downhill towards Greenhill Road with across fall along Christopher Avenue. The subject land contains some nativevegetation towards the eastern and south eastern portions of the site.

ii. The Surrounding AreaThe locality contains residential dwellings along Christopher Avenue, YarrabeeRoad and Greenhill Road. The Belair National Park is located to the south.





Appropriateness of Proposal in LocalityThe dwelling is consistent with other dwellings in the locality. The carport isseparate from the dwelling. The land is not visible from the Adelaide Plains.Retaining walls up to 2.1m are required to facilitate the design and thetopography. This filling of land is a departure from Zone PDCs 2 & 7 (f).However, the single storey design, low profile of the building and separatevehicle storage area all contribute to satisfying Zone PDC 8. The proposedmaterials and colours are consistent with those in the locality. The retainingwalls are required for the driveway and effluent disposal area and will bescreened by the dwelling and proposed landscaping and therefore partlyconsistent with Zone PDCs 2 &13.


ConservationTo facilitate construction of the dwelling and effluent disposal area, all thevegetation on the land will need to be removed. This consists of eucalyptusleucoxylon and other native shrubs. This is contrary to Zone PDC 22.Replanting of some trees and shrubs is proposed and is shown in Attachment2 and referred to in recommended condition 11.




Form of DevelopmentThe majority of retaining walls are less than 1.5m and include areas for theconstruction of water storage tanks. The proposal is therefore partly consistentwith CW PDCs 7 & 230.

The proposal is a modest dwelling on vacant land which requires the removalof vegetation. The subject land is not visible from the Plains. As discussedabove the colours and materials are considered suitable. The proposaltherefore satisfies CW PDC 13. The removal of native vegetation is required toenable a dwelling to be constructed on the land. Whilst the Hills Face Zone isnot a residential zone, the surrounding locality contains many dwellings andtherefore the removal of the vegetation is considered to be necessary and inaccordance with CW PDC 15.

Proposed setbacks are generally in accordance with CW PDCs 24 and 25.


ConservationAs discussed above, the retention of native vegetation is not possible if thesubject land is to be developed for residential purposes. The proposal istherefore at variance to the CW Conservation Objectives and Principles ofDevelopment Control.

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landStormwater from the buildings is to be directed to the water storage tanks, withoverflow and surface water directed on-site with a spreader pipe.

Water Supply & Effluent DisposalA waste control system has been approved and water supply is via theGreenhill Water Supply Company into two water storage tanks. The proposalis therefore consistent with Zone PDC 9.



Transportation issuesThe existing access is to be utilised from Christopher Avenue.

Fire Protection issuesThe CFS has assessed the site as BAL 40. Clearance of trees within 20metres of the proposed dwelling is required. This will entail removal of all treesfrom the subject land. Water supply is via the Greenhill Water Supply companyand directed into two water storage tanks The proposal is in accordance withCW Bushfire Protection Objectives and Principles of Development Control.

Vegetation & Land ManagementThe NVC has approved the removal of the native vegetation subject topayment in the fund. Replacement planting is proposed as part of thelandscaping of the land.


Construction issuesA soil erosion and management plan is recommended in condition 12.

7. SUMMARY & CONCLUSIONThe proposal is for a single-storey dwelling in the Hills Face Zone. The design, materialsand colours will blend with the environment and are considered suitable. Whilst theretaining walls required for access to the carport are greater than 1.5m this is consideredreasonable given the slope of the land and lack of access from Greenhill Road. Theremoval of all the native vegetation from the subject land is unavoidable if the land is tobe safely developed for residential purposes in accordance with bushfire protection.The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, despite its non-complying nature, and it is considered the proposal is not seriouslyat variance with the Development Plan. In the view of staff, the proposal has sufficientmerit to warrant consent. Staff therefore recommend that CONCURRENCE from theDevelopment Assessment Commission be sought to GRANT Development PlanConsent, subject to conditions.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and seeks the CONCURRENCE of the DevelopmentAssessment Commission to GRANT Development Plan Consent to DevelopmentApplication 2012/597/473 by Rivergum Homes Pty Ltd for Single storey dwelling,retaining walls (maximum height 2.1m), water storage tanks (34.4 & 30kLs),associated earthworks & removal of native vegetation (non-complying) at 1Christopher Avenue, Greenhill SA subject to the following conditions:


(1) Development In Accordance With The PlansThe development herein approved shall be undertaken in accordance with thefollowing plans, details and written submissions accompanying theapplication, unless varied by a separate condition:- fmg civil plan and sections dated 4/4/12 and 11/4/14- rivergum homes floor plan and elevations received by the Council on 14

February 2014- materials and finishes as amended and received by the Council on 28

August 2013- landscaping plan received by the Council on 14 February 2014- tank details received by the Council on 14 February 2014- Lou Fantasia Statement of Effect received by the Council on 14 February

2014


(2) Residential LightingAll external lighting shall be directed away from residential development and,shielded if necessary to prevent light spill causing nuisance to the occupiersof those residential properties.


(3) External FinishesThe external finishes to the building herein approved shall be as follows:WALLS: external cladding in woodgrain painted windspray or similarROOF: colorbond © ironstone or similar


(4) Treatment To Excavations And FillAll exposed excavations and fill as shown on site plan (insert plan reference)shall be:(a) rounded off and battered to match and blend with the natural contours of

the land;(b)covered with approximately 100mm of topsoil;(c) seeded to avoid erosion and visual concerns; and(d)screened with trees, shrubs and ground covers




(5) Soil Erosion ControlPrior to construction of the approved development hay bales (or other soilerosion control methods as approved by Council) shall be placed and securedbelow areas of excavation and fill to prevent soil moving off the site duringperiods of rainfall.


(6) CFS Access Requirements - New RoadsPrivate roads and access tracks shall provide safe and convenient access andegress for bushfire fighting vehicles as follows:• the existing access is satisfactory


(7) CFS Vegetation/LandscapingLandscaping shall include bushfire protection features which will prevent orinhibit the spread of bushfire and minimise the risk of life and/or damage tobuildings and property, as follows:• Trees and shrubs shall not be planted closer to the building(s) or

powerlines than the distance equivalent to their mature height. All trees within 20 metres of the buildings shall be removed. All trees within 30 metres of the building shall be modified to provide a

vertical bushfire break by removing branches within 2 metres of theground surface

All shrubs/understorey plants within 20 metres of the building(s) shall beremoved

Grasses within 20 metres of the dwelling or to the property boundaries,whichever comes first, shall be reduced to a height of 10cms during theFire Danger Season.


(8) CFS Water SupplyA supply of water independent of reticulated mains supply shall be available atall times for firefighting purposes:• A minimum supply of 30,000 litres of water shall be available for bushfire

fighting purposes at all times• This supply shall be fitted with a fuel driven pump or an equivalent system

that operates independent of mains electricity and is capable ofpressurising the water for bushfire fighting purposes.

• The pump and flexible connections to the water supply shall be protectedfrom the impact of fire by a suitably ventilated, non-flammable cover (metalor masonry material).

• The diameter of all fittings and flexible reinforced suction hose connectingthe bushfire water supply to the fuel driven pump shall be no smaller thanthe diameter of the pump inlet valve.


operating the pump during a bushfire.


• NB: An “Operations Instruction Procedure” shall be located withthe pump control panel

• The bushfire fighting water supply shall be clearly identified and fitted withan outlet of at least 50mm diameter terminating with a fire service 64mmmale London round thread adapter which shall be accessible to bushfirefighting vehicles at all times.

All water tanks used as a dedicated water supply for bushfire fighting shallbe made of non-combustible material.

• All non-metal fire-fighting water supply pipes other than flexibleconnections to fire-fighting pumps shall be buried at least 300mm belowfinished ground level

A roof/fascia mounted bushfire sprinkler system shall be all metal andinstalled to direct an even curtain of water over the roof area anddownwards over walls and windows.

- All above ground bushfire water supply pipes and sprinkler headsshall be metal

• Hoses (minimum 19mm ¾ inch internal diameter) and metal, spray jetnozzles capable of withstanding the pressures of the supplied water and ofsufficient length to reach all parts of the building shall be readily accessibleof all times.

• The hoses and water connection points (taps) shall be located at oradjacent to the dwelling to ensure occupants safety when using the hosesduring a bushfire.


(9) CFS Conditions To Be Completed Prior To OccupationThe Country Fire Service Bushfire Protection Conditions shall be substantiallycompleted prior to the occupation of the building and thereafter maintained ingood condition.


(10) Stormwater Roof Runoff To Be Dealt With On-SiteAll roof runoff generated by the development hereby approved shall be treatedon-site to the satisfaction of Council using design techniques such as:- Rainwater tanks- Grassed swales- Stone filled trenches- Small infiltration basins



(11) Timeframe For Landscaping To Be PlantedLandscaping detailed in the landscaping plan shall be planted in the plantingseason following development approval and maintained in good health and


condition at all times. Any such vegetation shall be replaced if and when it diesor becomes seriously diseased in the next planting season.

REASON: To maintain and enhance the visual amenity of the locality in which thesubject land is situated and ensure the survival and maintenance of thevegetation.

(12) Prior to Building Rules Consent Being Granted - Requirement for SoilErosion And Drainage Management Plan (SEDMP)Prior to Building Rules Consent being granted the applicant shall prepare andsubmit to Council a Soil Erosion and Drainage Management Plan (SEDMP) forthe site for Council’s approval. The SEDMP shall comprise:-

• a major drainage plan,• a site plan,• supporting report,• calculations,• design sketches with details of erosion control methods that will prevent:

a. soil moving off the site during periods of rainfall and detail installation ofsediment collection devices to prevent the export and sediment fromthe site; and

b. erosion and deposition of soil moving into the remaining nativevegetation below the house site; and

c. soil moving into watercourses during periods of rainfall; andd. soil transfer onto roadways by vehicles and machinery

REASON: Development should prevent erosion and stormwater pollution before,during and after construction.











9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. CFS Response4. NVC Response5. Relevant Development Plan Zone provisions6. Relevant Development Plan Council Wide provisions


___________________________ _______________________________


ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3

CFS RESPONSE

ATTACHMENT 4

NATIVE VEGETATION COUNCIL RESPONSE

ATTACHMENT 5




into the western slopes of the Mount Lofty Ranges; and(e) ensure that the community is not required to bear the cost of providing services to land within the

zone.













3 Development should not be undertaken if the operation and management of such development is likelyto result in:(a) pollution of underground or surface water resources;(b) over exploitation of underground or surface water resources;(c) adverse impact on underground or surface water resources, including any environmental flows

required to meet the needs of the natural environment;(d) unnecessary loss or damage to native vegetation including the full range of tree, understorey and



detracts from the landscape character and visual amenity of the zone;

(l) increased hazard to the locality from bushfires; or

(m) loss of amenity to adjoining land or surrounding localities from:(i) the visual impact of buildings, structures or earthworks; or(ii) the intensity of activity associated with any such use, including significant adverse impacts arising

from chemical spray drift, use of audible bird or animal deterrent devices, and the use ofassociated vehicles and machinery.






state.

8 Buildings, including structures should be unobtrusive and not detract from the desired natural characterof the zone and, in particular:(a) buildings should be of a single storey;(b) the profile of buildings should be low and the roof lines should complement the natural form of the

land;(c) the mass of buildings should be minimized by variations in wall and roof lines and by floor plans which









ATTACHMENT 6








13 Development should not detrimentally affect the character or amenity of its locality or cause nuisanceto the community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil,



24 Other than Centre zones the following building set-backs apply to boundaries not being a boundarywith a road:(a) one metre within Country Township and Residential Zones;(b) two metres within any other zone other than the State Heritage Area (Mount Torrens) Zone;(c) as specified in the Principles of Development Control for development within the State Heritage

Area (Mount Torrens) Zone.







Applicant: Steven Butcher Landowner: Adelaide Hills Council

Agent: Dash Architects Ward: Marble HillDevelopment Application: 13/1057/473 Originating Officer: Tom Victory

Application Description: Change of use to dwelling and tourist accommodation(maximum 8 guests), alterations and additions to existing buildings, demolition ofoutbuildings, construction of new outbuilding, 6 new water storage tanks (22,000 litreseach) and associated earthworks - Non-Complying (DAC Authority)


General Location: 57 Colonial Drive, NortonSummit SA 5136

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 24Jan 2013Map AdHi/15 and 51

Zone/Policy Area: Watershed (PrimaryProduction) Zone - Rural (Norton Summit)Policy Area


Site Area: 3.3 Hectares


Notice published in The Advertiser on 11Apr 2014

Representations Received: One (insupport)


1. EXECUTIVE SUMMARYThe purpose of this application is to change the use of the existing State heritage listedbuildings to a dwelling and tourist accommodation (maximum 8 guests), undertakealterations and additions to the buildings and demolition of outbuildings, construction of anew outbuilding, 6 new water storage tanks (22,000 litres each) and associatedearthworks.

The subject land is located within the Watershed (Primary Production) Zone - Rural(Norton Summit) Policy Area and is a non-complying form of development as it does notmeet the relevant exemptions in the Watershed (Primary Production) Zone to beprocessed as ‘on-merit’. This is explained in further detail later in the report. Onerepresentation in support of the proposal was received during the Category 3 publicnotification period.

The proposal mainly involves the conversion of the four main buildings which exist on theland, a number of external and internal works to bring them up to the relevant BuildingCode standards and to create appropriate access into and out of the site for bushfirefighting vehicles.

Council Development Assessment Panel Meeting – 3 June 2014Steve Butcher13/1057473

Council owns the subject land. The applicant has entered into a contract to purchase theland from Council which is subject to receiving a Development Plan Consent for thisdevelopment application. Given that Council would therefore financially gain from the saleof the allotment it requested that the Minister for Planning appoint the DevelopmentAssessment Commission (DAC) as the relevant authority for this application. TheMinster’s delegate ultimately agreed that the Development Assessment Commission willbe the relevant authority for the application, refer to the History section of the report forfurther discussion on this matter.

Notwithstanding that the application is non-complying, Section 35 (3a) of theDevelopment Act 1993 states that Council will not be required to issue concurrence, inthe event that the DAC resolves to grant Development Plan Consent.

As per the CDAP delegations, the CDAP is required to provide comment to theDevelopment Assessment Commission for Category 3, non-complying development.

The main issues relating to the proposal are accordance with the relevant Zone andPolicy Area, heritage conservation, waste management, bushfire risk, and vehicularaccess.

Following an assessment against the relevant zone and Council Wide provisions withinthe Development Plan, staff are recommending that the Development Assessment PanelSUPPORT this application, subject to conditions and advise the DevelopmentAssessment Commission accordingly.

2. DESCRIPTION OF THE PROPOSALThe main part of the proposal is to convert the use of the four main buildings which existon the land and undertake a number of external and internal works to bring them up to asuitable standard for occupation.

The four main buildings can be described as A to D, as follows:

Building A – The main building which formerly comprised stables, wine cellar andstorage which is split internally into five levels including a loft area

Building B – Two storey building which abuts the main building and most originallylikely used as a barn

Building C – Former well-house

Building D - Two storey former bakehouse building also understood to be formerfarmer’s residence

There is also a derelict building adjacent to the four buildings, being a formerpiggery/chicken shed and stone walling which surrounds the building complex.

It is proposed to convert the four main buildings as follows:

Building A: To be converted to a private dwelling. The ground floor will consist ofan open kitchen/dining, living area and laundry, and the upper floor will consist ofbedrooms and wet areas. A reception area for the business will be availablewithin the dwelling.


Building B: To be converted to a meeting room and storage area on the groundfloor with tourist accommodation on the first floor comprising a bedroom, ensuite,kitchenette and laundry. The applicant has stated that the meeting room is likelyto hold up to 30 persons when in use.

Building C: Proposed to be converted to tourist accommodation comprising onebedroom and ensuite.

Building D: To be partitioned into two halves to create two tourist accommodationunits. . Both units would contain one bedroom, bathroom and living area. The twounits will however be able to be joined via the opening between the wall partition tobe used as one larger, accommodation unit to cater for families or larger groups.

External works to the buildings include:

Repairs to roofing Replacing windows and adding hardwood hinged shutters Providing additional windows Replacing doors and new canopies above doors and rehanging existing doors as

external shutters. Rejointing and repointing of stonework New chimneys Minor raising of roof on Building B to meet Building Code requirements. Earthquake bracing

Internal works include:

Sanding and polishing floors Repointing walls Insulating, sarking and lining ceilings/undersides of existing roof sheeting Upgrades to stairs New flooring New fireplaces

Other works include:

Creating a landscaped communal courtyard within the confines of the existingstone wall which runs around the perimeter of the four buildings. A new fence andgate will be provided to enclose the courtyard between Building A and Building D.

Part of the walled area is the rear of the old derelict piggery building which is tobe cleaned up and rubbish etc removed. The former piggery stonewalls will beretained to be used as a courtyard and storage area. A new small storage shedwill be erected within this area utilising some existing walls and a colourbond(Monument colour) roof.

New paving and walkways and stairs in and around courtyard area Rebuilding retaining walls 6 X 22,000 litre water storage tanks are proposed which are to be Colourbond

‘Monument’ in colour. Four of these are to be located north-east of the existingstone wall around the complex to serve as the water supply for the buildings. Theother two tanks to be located within the former piggery ruins to supply 44,000litres of bushfire fighting supply.


Some small derelict outbuildings will be demolished. In accordance withrecommendations from the State Heritage Department it is proposed tophotograph and document these buildings prior to their demolition.

In terms of access, the existing roadway to the building complex will be renewedwith compacted rubble and widened to four metres. The driveway will also bewidened to 6m at the existing bend (approximately mid-way along the roadway) tocreate a new passing bay. A Y- shaped CFS fire vehicle manoeuvring area is tobe provided just north of the main buildings.

16 car parks are proposed. Four parks are proposed immediately adjacent to themain buildings, with twelve other parks on a higher levelled area and alsoadjacent the piggery ruins.

Approval has been obtained from Council for an on-site wastewater controlsystem in the form of aerobic wastewater treatment tanks and a wastewaterdischarge soakage area located south east of the existing barns complex.

No signage is proposed in the application and would form part of another futureapplication if required.

The proposed plans and Statement of Effect are included in Attachment 2.

3. HISTORYPrior to lodgement of this application, Council offered the sale of the land via a tenderprocess. At the Council meeting of 9 April 2013, the Council resolved that Steve andFiona Butcher were successful in this tender process. The Butchers then entered into acontract to purchase the property, which is dependent on the outcome of thisdevelopment application.

The sale of contract conditions include provisions that the buildings are renovated inaccordance with State Heritage requirements and that the renovation works arecompleted within 5 years of the purchase.

This development application was then lodged with Council 12 Dec 2013. Followinglodgement, given that Council will financially gain if the land is sold, Council requestedthat the Minister for Planning appoint the Development Assessment Commission as therelevant authority to assess the application pursuant to Section 34 (b) (iii) of theDevelopment Act, 1993.

On 11 April 2014 the delegate of the Minister for Planning advised that DAC will be therelevant authority to determine a decision on the application. In the delegate’s opinionthe DAC should be the authority pursuant to Section 34 (b) (ii) of the Development Actand Clause 10 2 (a) (ii) of the Development Regulations 2008, on the basis that :

“the Commission is the relevant authority for tourism accommodation whereCouncil is undertaking the development, including any case where Council is not toundertake all of the relevant development itself.

The phrase 'to undertake development' is defined in Schedule 4 of theDevelopment Act 1993 as "commence or proceed with development or to cause,suffer or permit development to be commenced or to proceed".

Having carefully considered the matter there is considered to be sufficient weight inthe proposition that as Council is selling the land, and the sale of the land is


conditional upon the success of a development application for tourismaccommodation, Council ostensibly is suffering or permitting the development toproceed”.

Prior to being notified of this, given the passage of time between Council’s originalletter of request and the subsequent letter of reply from the Minister’s delegate, Councilstaff resolved to undertake Government Agency and internal Council Departmentreferrals, as well as the Category 3 public notification process. This was so as toensure that timeframe of the application was minimised where possible. Importantly,this was done in the knowledge that, if the Minister for Planning were to ultimately toappoint the DAC as the relevant authority under Section 34 (b) (iii) of the Act (asrequested by Council), then the Act allows for the DAC to utilise any processing thatthe Council may have already undertaken on the application. Alternatively if the Minsterwere to decline this request, then Council would be required to process the applicationanyway.

However following Council undertaking the above processes, the Minister’s delegateultimately resolved to appoint DAC as the relevant authority under a different clause ofthe Act - Section 34 (b) (ii).

The DAC has since advised that due to a technicality in Regulation 38 (2) (a) (ii) (A) ofthe Development Regulations 2008, the DAC intends to undertake the GovernmentAgency referrals and public notification again. It is understood that the DAC willundertake this shortly. Notwithstanding, it is likely that the Government Agencies willsimply be able to ‘reissue’ their previous referral responses.

It should be noted that Section 35 (3a) of the Development Act states that Council willnot be required to issue concurrence, in the event that the DAC resolves to grantDevelopment Plan Consent to the non-complying application.

Categorisation of Application

Council resolved to process the application as non-complying, as in the Watershed(Primary Production) Zone, all types of development are non-complying except wherespecifically exempted. There are three reasons for the application being non-complying:

1) Although the Zone specifically exempts a detached dwelling and also touristaccommodation for up to 8 persons (as stand-alone developments), an applicationcannot contain both of these uses and be exempted from being non-complying.

2) The Zone specifically states that the erection of a detached dwelling is exemptedfrom being non-complying however, what is being proposed in this application is notthe erection of a dwelling (but rather the conversion of a building to a dwelling).

3) The dwelling proposed in this application is technically not a ‘detached dwelling’ asit may not occupy a site held exclusively with that dwelling as per the definition inSchedule 1 of the Development Regulations.


Other History of Site

August 11, 2005 02/1075/473 Council refused an application for a smallantique shop and associated café (based on failure to provide additional information).


CFSThe CFS has rated the site as Bushfire Attack Level 12.5. It stated that:

- Appropriate access must be provided from Colonial Drive to the buildingcomplex in accordance with the Minister’s Code (comprising at least a 3mwide access of all weather construction, with passing bays every 200m andat least 4m vertical height clearance).

- A Minister’s Code compliant turnaround area is required at the end of theroadway however the turnaround area currently shown on the plans does notaccord with the Minister’s Code. An alternative turnaround area couldhowever be achieved to meet the Minister’s Code.

- A vegetation management zone is required to be established and maintainedwithin 30m of the dwelling/tourist accommodation buildings. Within this zone,vegetation must be restricted and managed in specific ways as outlined indetail in the report.

- 44,000 litres of fire-fighting water supply must be provided with all therelevant pump, hoses and fittings.

- The proposal may require smoke alarms and evacuation lighting under theBuilding Code of Australia.

- It is recommended that a Bushfire Survival Plan designed specifically forguests be produced and displayed as part of the development.


Council Environmental Health Department

Council’s Environmental Health Department has issued approval for an on-sitewaste control system comprising two aerobic tanks with sub-surface effluentdisposal (refer 14/W14/473).


Council Engineering Department

Council’s Engineering Department recommended that:

- the access point into the site be sealed between the property boundary andthe carriage way of Colonial Drive.

- Off street parking will need to comply with relevant Australian Standards

- Stormwater management arrangements be confirmed.



State Heritage DepartmentThe Department stated the heritage impacts from the proposed development areacceptable, given that:

- the Morialta Winery complex is a set of disused 19th century farm buildings,some in poor condition. It is unlikely that the complex will be returned to itsformer use. Conversion to a residential use is a compatible use that willcontribute to ongoing conservation and care. The proposed touristaccommodation use facilitates public visitation of the site.

- Outlying buildings proposed for demolition are of low heritage significance tothe complex and in generally poor condition, but should be properly recorded.

- Ephemeral elements proposed for demolition are in poor and unsafecondition (pig sty partitions and roof, and milking shed c.1950) but areproposed to be recorded and interpreted. One section of piggery is proposedto be retained and conserved as part of the interpretation of the former use ofthe site.

- New openings in stone walls are required to make the buildings habitable,and are reversible at a later date.

- New canopies and shutters are required to make the buildings habitable andsafe from bushfire attack, and are reversible at a later date.

- Insertions of walls internal to the stone buildings are lightweight framed andlargely reversible.

- New proposed elements (shed and rainwater tanks) have been sited so as toreduce their visual impact on the context and setting of the most importantbuildings in the historic complex.

The Department however further advised that some specific details of theproposal should be provided for final sign off, prior to undertaking that part of theworks, such as:

- Final details of fencing and gate between buildings

- Final details of galvanised steel stairs, balustrades and platforms

- Details of wall junctions where new inserted walls meet historic fabric to beprovided

- Details of new window openings - final head, sill and jamb details to beprovided.

- Structures proposed for demolition shall be historically recorded.

.The Department also recommended a number of standard conditions andadvisory notes be attached to any Consent.


5. CONSULTATION


The application was categorised as a Category 3 form of development in accordancewith Section 38(2)(c) of the Development Act, 1993 requiring formal public notificationand a public notice. One representation in support was received from an adjacentproperty at 6 Morialta Lane (allotment immediately south of the subject land)

The representor stated that: the proposed change of use is not inappropriate the alterations and additions to the buildings will rescue them from further decay

and help preserve a piece of local history.

A copy of the submission is included as Attachment 7.


i. The Site’s Physical Characteristics

The subject land is an irregular shaped allotment of some 3.3 hectares in area.It has a frontage to Colonial Drive of approximately 50m. The site contains anumber of existing State Heritage listed stone buildings and ruins. These arelisted as being the Morialta Winery Complex constructed in the 1850s whichincludes a main building (comprising stables, wine cellar and store), barn, wellhouse and stone walling.

Access into the site is via Colonial Drive. A compacted rubble roadway runs ina westerly direction from the road for approximately 130m before turning in anorthwards direction and continuing another some 100m to the buildingcomplex.

The site has a fall of some 50m from the western boundary to easternboundary. The site is relatively clear of vegetation apart from a number ofscattered gum trees, particularly near the southern boundary.

A drainage channel appears to intersect the site towards the southern end,which leads to an adjacent creek to the north east of the allotment.

The Morialta Barns were built by John Baker, (a businessman, parliamentarianand pastoralist) as part of the Morialta House Estate, where he established afarm and orchard.

The complex of stone buildings includes two barns (one 3 storey and the other2 storey), a well house, a bake house, a dairy, stables, a stoned walledenclosure around the barns, and the original stables and coach house. TheBarns also accommodate a poultry shed, an old piggery, and a few other smallfarm buildings.

The Barns were more recently used as a winery and are listed on the StateHeritage Register as the ‘Morialta Winery Complex’. The description is asfollows:


Morialta Winery Complex, including residence, main building (stables,wine cellar & store), barn, well house and stone walling.

This winery, constructed in the 1850s, is associated with the earlysettlement of the Adelaide Hills by pioneer families. It was built by JohnBaker, parliamentarian (South Australia's second premier), a pastoralistand businessman associated with almost every facet of colonialdevelopment. The functional stone buildings are excellent examples ofearly agricultural and viticultural structures.

It is also noted that the Heysen Trail traverses the land. It enters from thesouthwest which then leads up to the buildings then follows the access roadout to Colonial Drive.

ii. The Surrounding Area

The site is approximately 500m north of the Norton Summit intersection andapproximately 400m south of the Morialta Conservation Park.

The locality can be described as containing a mix of horticultural (mainlycherry orchards and vineyards), farming and rural living uses. The locality isheavily undulating. The allotments in the locality range in size from around2000m² to 20 hectares.

The ‘Youth with a Mission’ complex is located immediately north of the site,and the allotment which that complex sits upon, wraps around the easternboundary of the subject land. A creek runs from south to north, within the stripof land between the subject site and Colonial Drive. That creek leads intoFourth Creek further to the north. A dense cluster of trees is located just eastof the Youth with a Mission buildings and to the north of the Morialta Barns.

Immediately west of the site are rural living uses which front Morialta Lane.Immediately south of the site is a large rural allotment containing a dwelling.

iii. Development Plan Policy considerationsa) Policy Area Provisions

The subject land lies within the Rural (Norton Summit) Policy Area of theWatershed (Primary Production) Zone and these provisions seek:

- Preservation of primary production, especially the mixture of horticulture.- Conservation of rural character and scenic amenity, especially significant

tracts of bushland.- Restriction of residential development to existing allotments only.- No intensification of urban development.


Refer to Attachment 8 for the relevant Policy Area provisions.

Accordance with Policy Area

The proposal is not for a primary production use such as horticulture which isthe predominant desired type of development for this policy area. Thisproposal however must be viewed in the context that the site is not currentlyused for primary production. The site is unlikely to be used for any viableprimary production activities given the relatively small size of the allotment andthe presence of the State Heritage listed buildings and their curtilage areawhich occupies a large proportion of the property.

There are no horticultural or other primary production activities in closeproximity to the proposal. The closest horticultural activities are on the easternside of Colonial Drive, about 150m from the subject buildings. The site isotherwise surrounded by rural living uses, grazing land and the Youth with aMission buildings are approximately 100m to the north-west.

Therefore the proposed use of the buildings for residential/accommodationpurposes should not be subject to impacts such as spray drift or noise fromprimary production activities. Conversely, the proposal should have a neutralimpact on primary production and should not frustrate the achievement of theobjectives of the Policy Area.

The proposal is therefore considered to be generally in accordance withObjective 1 and PDCs 1 and 7 (b).

In relation to Objective 4 it is debatable as to what constitutes ‘urbandevelopment’ and therefore whether the use proposed is considered to be atodds with this Objective or not. Tourist accommodation in the form of bed andbreakfasts is a common form of development within rural areas and so aresingle dwellings (just as they are also common in ‘urban’ areas).

I consider that the proposed use is therefore not necessarily ‘urban’ in natureand given that the proposal is to reuse existing buildings and someinfrastructure, it is considered that the proposal does not necessarily involvean ‘intensification of urban development’.

Form of Development

Works are mainly conversion/modifications of existing buildings. The newtanks and shed within the former piggery are to be setback at least 30m fromthe side boundary. The application therefore accords with PDCs 12, 13, 15and 16.

Appropriateness of Proposal in Locality

Given the proposed change of use only caters for a maximum of 8 guests atany one time, as well as the occupants the private dwelling, it is reasonable toexpect that in total there may only be in the order of 15 or less peopleaccommodated at the site at any one time.


It should be noted that if the applicant were to only apply to convert thebuildings to tourist accommodation (without a private dwelling also beingproposed) then the applicant could actually apply for a maximum of 30 guestsat any one time, and this would be a ‘consent on-merit’ use within this Zone.

This is quite relevant when assessing the potential planning impacts from theproposal such as traffic movements, car parking, noise, and effluent disposal.Given the site will accommodate up to 15 persons at any one time it isconsidered that any of the above impacts should be negligible on thesurrounding locality. The tourist accommodation use should be relativelyinnocuous and would be akin in many ways to a detached dwelling in terms ofthe potential for planning impacts.

The nearest dwellings in the locality are in the order of 150m to 250m from thebuildings and are relatively isolated from the site by the topography andvegetation. It is therefore considered that the proposal accords with Objective2 and PDCs 1, 4, 7(a), and 20.

Appearance of Land and Buildings

Building works in the application proposed are fairly minor in the context of thesite. The works and generally involve maintenance and repairs to bring theexisting buildings into conformity with the Building Code and to meet bushfirerequirements. A range of internal works will also be done to ensure that theproposal has the necessary level of amenity for tourist accommodation and adwelling. The proposed tanks and new shed within former piggery are to be ofColourbond Monument© which is low-reflectivity and should blend with thelocality.

It is not considered warranted to screen the existing buildings with landscapingas the buildings have not been so in the past, and this could actually impactnegatively on views of the State Heritage listed buildings. Landscaping workswithin the courtyard between the buildings and within the walling, shouldincrease the level of amenity within the complex and is supported.

The proposal therefore is considered to accord with Objective 2 and PDCs 4,7, 16, 17 and 19.

Conservation

The application should not require the removal of any native vegetation ofsignificance and therefore is in accordance with PDC 18.

b) Zone Provisions

The Watershed (Primary Production) Zone seeks- The maintenance and enhancement of the natural resources of the

south Mount Lofty Ranges.- The enhancement of the Mount Lofty Ranges Watershed as a source of

high quality water.- The enhancement of the amenity and landscape of the south Mount

Lofty Ranges for the enjoyment of residents and visitors.


- The development of a sustainable tourism industry with accommodation,attractions and facilities which relate to and interpret the natural andcultural resources of the south Mount Lofty Ranges, and increase theopportunities for visitors to stay overnight.


Accordance with Zone

The application directly accords with Objectives 5 and 6 as it proposes toenhance tourism and the enjoyment of the natural features of the Mount LoftyRanges for visitors.

The application includes an appropriate water supply and has an associatedapproved waste control system to dispose of effluent on site. A standardcondition is recommended requiring solid waste to be located in closedreceptacles and in a screened area from Colonial Drive. The applicationshould therefore accord with Objectives 1 and 2 and PDC 3 and 36.

Form of Development

Limited building works are proposed and in any event are not located withinclose proximity to a watercourse or flood area as outlined in PDCs 4 and 6.

Appearance of Land and Buildings

The proposed alterations to the buildings, new small outbuilding and upgradesto access roadway should not have any significant adverse visual or otherimpact and therefore accords with Objective 5 and PDCs 7, 8, 9, 11 and 14and 28.

Conservation

The application should not require the removal of any native vegetation ofsignificance apart from perhaps some minor trimming of vegetation adjacentthe roadway to ensure CFS vehicles have sufficient clearance. The applicationis therefore generally in accordance with PDCs 31 and 32.

c) Council Wide provisions

The Council Wide provisions of relevance to this proposal seek (in summary):- Orderly and economic development- Encouragement of sensitive tourism developments- Heritage Conservation- Safe and convenient vehicular access- Minimisation of risk to life and property from bushfires- Protection of the environment from pollution- Minimisation of conflicting land uses



Orderly and economic development

A proposal to construct a new dwelling and separate new touristaccommodation on the same allotment within a rural locality, would normallybe a discouraged form of development that may not receive approval. One keyreason for this is the risk of incremental proliferation of non-rural uses outsideof townships and the associated requirement to provide public infrastructure toservice such uses, which would be uneconomic.

In the case of this development proposal however, significant weight must begiven to the fact that:

a) The site contains existing substantial buildings and no net increase inbuildings on the site are proposed

b) The subject buildings are State Heritage listed and the proposal shouldhave positive impacts on heritage conservation compared to if the sitewere not developed

c) The proposal should not require the provision of any infrastructure at acost to the community.

d) The site is unlikely to be used for any viable rural purposes given its sizeand presence of the buildings.

e) The proposal should have positive economic impacts on the local economythrough increased tourist visitation.

The application is therefore considered to be orderly and economic, accordingwith Objectives 1, 4, 5, 6, 8 and PDCs 2, 3, 9,

Encouragement of sensitive tourism developments

Although not located within a township the proposal is located in closeproximity to the settlement of Norton Summit and is within walking distances ofthe services available there. Furthermore significant weight must be given tothe fact that it is not proposed to develop a specifically chosen, vacant sitewithin a rural area, it is proposed to convert existing underutilised buildingsalready located within a rural area. The application is therefore considered tobe in accordance with the general intent of PDC 260.

The proposed development is to be located on land with lower agriculturalpotential given the existing circumstances of the site and allotment size, thusaccording with PDC 261.

The proposal is well separated from the nearest horticultural uses, and existingdwellings. The Youth with a Mission site is actually closer to such uses thanthe proposed development. The site should not be disrupted to any significantdegree by horticultural uses and the application therefore accords with PDC262.

The application is within State Heritage listed buildings and adjacent to theHeysen Trail and is intended to be at least partly marketed towards walkingexperiences. The application therefore directly accords with PDC 264.


The proposal has an associated approved waste control system to servicewastewater needs and appropriate water supply. Colonial Drive is a sealedroad which should adequately cater for any traffic generated from thedevelopment.

Appropriate building materials and techniques are to be undertaken to satisfythe State Heritage Department which will be in keeping with existing built form.

Compacted rubble is proposed for the driveway and car parking areas.

No overlooking or overshadowing will arise from the proposal.

Safe and convenient access should be available from the upgraded roadwayinto the site and access point being bituminised in accordance with Councilrecommendation.

It therefore should accord with PDC 265 (a) to (e).

The proposal should have negligible impacts on native vegetation and naturalfeatures such as watercourses, according with PDC 266.

An appropriate on-site waste control system has been approved which shouldensure effluent generated on the site can be managed in an environmentallysensitive manner, thus according with PDC 267.

An appropriate water supply of 144,000 litres in rainwater tanks is proposed,whilst ample space is available for additional water tanks in future if required.The proposal therefore is in accordance with PDC 268.

In relation to PDCs 269 and 270, it is noted that the State HeritageDepartment is generally supportive of the proposal and that it should be inkeeping with the form and scale of the existing buildings. It is noted thatbuilding works are relatively minor and are mainly to restore and maintain thebuildings. New materials and finishes should be complimentary.

In relation to PDC 271, it is noted that the meeting room proposed in BuildingB will cater for up to 30 persons whilst the development will be limited to amaximum of 8 guests at any one time. This therefore does not entirely accordwith PDC 71. It is however noted that it is likely that the meeting room will beused by guests staying at the site, but from time to time may be used by morethan the eight guests present. Notwithstanding, given the relatively large sizeof the site, provision for up to 16 car parks and setbacks from surroundinguses, it is not considered that meetings/conferences for up to 30 personswould have a significant impact on the locality.

No signage forms part of this application. A standard note is recommendedadvising of the need to apply for any signage if it constitutes development. Theapplication therefore does not offend PDC 273.

As outlined in all the above discussion, it is considered that the application hasbeen designed so as to not have any significant detrimental impacts on theenvironment, locality or natural resources and thus accords with PDCs 274,275, 276 and 277.


Heritage Conservation

The application was subject to referral to the State Heritage Department. Noobjections were raised and the Department’s response is generally supportiveof the proposal as it will assist in ongoing conservation of the site and increasepublic visitation.

Some final, specific details were requested to be provided on matters such asinternal fencing between buildings, stair design, wall junctions between newand old building work, details on window openings and that outbuildings bephotographed prior to demolition.

These matters are considered to be fine points of detail. If not addressed priorto the DAC’s decision, it would be appropriate for these to be attached asreserved matters or conditions where relevant requiring the applicant toaddress these in collaboration with the State Heritage Department prior toconstruction.

Assuming the above matters will be confirmed by the Commission (asrecommended at the end of this report), the application is considered toaccord with Objectives 99, 100, 101, 102 and PDCs 286, 288, 290 and 293.

Minimisation of conflicting land uses

Given the proposed change of use only caters for a maximum of 8 guests atany one time, plus a typical number of people occupying the private dwelling, itis reasonable to expect that in total there may only be in the order of 15 or lesspeople in accommodation at the site at any one time.

Impacts should be negligible on the surrounding locality. The nearest dwellingsin the locality are in the order of 150m to 250m from the buildings and arerelatively isolated from the site by the topography and vegetation. It istherefore considered that the proposal accords with Objectives 1 to 5 and 14and PDCs 2, 3, 9, 13, 15 and 227.

Stormwater Management & any potential for Flooding, Subsidence or Erosionof the landIt is considered that there should not be any stormwater issues of significancewith this application. Stormwater from the existing building’s roofs currently isdirected on to the surrounding ground or into underground stormwater pipeswhich then follows the natural slope of the land down to the creek below thebuildings (to the east).

The application is essentially to reuse existing buildings and there will be nonet increase in the amount of roofed area therefore no additional stormwaterto manage. There will be some additional hard areas in the form of paving inand around the buildings/courtyard however these hard areas will be negligiblein the context of the large allotment. It is proposed to install 6 x 22,000 litrewater storage tanks to capture stormwater from the roof of buildings thereforethis should substantially decrease the amount of stormwater overflow from theroofing, compared to the existing situation.


The application therefore is generally in accordance with Objective 119 andPDCs 12, 13, 15, 79, 295, 298, 366, 367, 368, 369, 371 and 372.

Water Supply, Effluent and Solid Waste DisposalNo mains water or sewer exists in the locality. A total of 132,000 litres of wateris proposed to be collected into rain water tanks. Of this 44,000 litres must bededicated to bushfire fighting. Given that the site will only cater for a maximumof 8 persons in the tourist accommodation (plus the occupants of the dwelling)at any one time, and given that the site is unlikely to be at maximum capacityat all times, the proposed water supply should be satisfactory. At any rate,ample space would remain available at the complex for additional stormwatertanks in future should the need arise.

An appropriate on-site waste control system has been approved.

The site is serviced by the Council’s solid waste collection service and astandard condition is to apply requiring closed, solid waste receptacles whichare screened from Colonial Drive.

The application therefore generally accords with Objective 119 and PDCs 12,16, 19, 78, 75, 295 and 296.

Transportation issuesIt is proposed to utilise the existing access point into the site from ColonialDrive which is a sealed Council road.

The access point between the carriageway and the property boundary isconstructed of compacted gravel. The access point is generously flared toaround 10 metres wide where it meets the carriageway, then reducing down toabout 3m as it forms the driveway into the site.

This access point is in close proximity to the intersection of Colonial Drive withNicholls Road and therefore forms a four-way intersection of sorts.Notwithstanding this, the existing access point is the only logical place to gainaccess into the site as the land immediately north is not part of the subjectallotment and land immediately south is heavily vegetated and rapidly rises upan embankment. It would therefore require significant earthworks andvegetation removal to create a new access.

In the application referral, Council’s Engineering Department did not raiseobjection to the continued use of this access point, however did recommendthat it be sealed with bitumen from the property boundary to the carriageway ofColonial Drive (refer condition a in recommendation #3).

Colonial Drive should easily cater for the likely traffic movements generated bythe proposal, noting that the site is not likely to cater for more than 15occupants at any one time, and only a proportion of these would have avehicle. Conferences/meetings for up to 30 persons would increase the vehicleusage however these would likely be comprised of the eight guests and anadditional 22 persons. Based on the Development Plan guide for a ‘meetinghall’, one vehicle for every 5 persons is likely to be required for such meetingsand thus should not create significant traffic movements from the site.


The existing driveway to the building complex is approximately 250m long andaround 3m wide. It is constructed of compacted gravel. The applicantproposes to increase the width to 4m, resurface the gravel as well as upgradedrainage along the driveway. It is also proposed to create a new 6m widepassing bay for vehicles at the existing bend on the driveway to accord withCFS requirements.

The application is therefore considered to be generally in accordance withObjectives 11, 14, 20 and 21 and PDCs 41, 42, 43 and 56.

In relation to car parking provision, a car parking plan has been providedshowing the location of 16 parks to be provided. These would appear to be inaccordance with normal widths/depths for car parking as per the AustralianStandards and it is recommended that a condition be attached requiring theybe established in accordance with such guidelines.

Table AdHi/4 does not specify a particular car parking ratio for dwellings ortourist accommodation. It would however be considered practical that:

2 to 3 parks be provided for the dwelling Up to 8 parks be provided for the 8 guests, and Noting that up to 30 persons could be present at

meetings/conferences, then up five parks should be provided for themeeting room (based on the ‘meeting hall’ listing in the Table whichrecommends one car parking space per five seats in such a hall) andalso noting that it is likely that up to 8 persons would already bepresent as guests at the site.

Given all the above, it is considered that the application accords with PDCs 44,58, 59 and 60.

Fire Protection issuesThe CFS has assessed the proposal and does not raise objection subject toconditions/criteria being met. It has rated the site as Bushfire Attack Level 12.5which is the lowest rating for a High Bushfire Risk area.

It has been demonstrated that an appropriate roadway and 44,000 litre watersupply is to be provided for CFS fire fighting vehicles. At the time of writing thisreport, the proposed turnaround area as shown on the site plan howeverrequires some amendments so as to accord with the necessary dimensions inthe Minister’s Code. It is however clear that this will be able to be achievedgiven the available area in which to create such a turnaround area. This isrecommended that the DAC confirm this prior to making a decision on theapplication.

In general, notwithstanding that the site is within a High Bushfire Risk area, thesite is considered to have an acceptable bushfire risk. The site is generallyvoid of any substantial vegetation and with all conditions in place shouldprovide an acceptable level of risk for occupants. The subject buildings mustaccord with a raft of Building Code requirements to ensure a level of bushfireprotection.


It is also recommended that, as a Reserved Matter, a Bushfire Survival Planfor guests at the site be drafted prior to development approval being issued. Itis not considered fundamental for this to be done prior to issuing a PlanningConsent, however the DAC may choose to request this.

The application, is considered to adequately accord with Objectives 106 and107 and PDCs 299, 300, 301 and 306.

7. SUMMARY & CONCLUSIONIt is considered that the proposal has been sensitively designed to not adversely impacton the locality and to ensure the ongoing preservation and enhancement of the StateHeritage listed buildings. The application must be assessed in the knowledge that theproposed development is to be located within existing buildings and utilise some existinginfrastructure. There are minimal building works or earthworks proposed and as suchthere should not be any significant changes on the ground to what currently exists.The proposal is considered to be relatively small scale in the context of the existing siteand surrounding locality. Traffic, noise or other planning impacts should be negligible onthe surroundings and it is unlikely that the proposal would impact on primary production inthe locality.The proposal is sufficiently consistent with the relevant provisions of the DevelopmentPlan, despite its non-complying nature, and it is considered the proposal is not seriouslyat variance with the Development Plan. In the view of staff, the proposal has sufficientmerit to warrant consent subject to conditions and reserved matters where appropriate.

8. RECOMMENDATIONThat the Council Development Assessment Panel considers that the proposal isnot seriously at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan and that it advise the Development AssessmentCommission that it has no objection to the application, subject to:

1) The following matters being incorporated in to the application and/orincluded as reserved matters on any Development Plan Consent whereappropriate:

The five conditions raised by the State Heritage Department in its referralresponse dated 18 February 2014

That a fire appliance turnaround area be displayed on the site plan thataccords with the relevant dimensions in the Minister’s Code forundertaking development in Bushfire Prone Areas. Note - the fire-fightingwater supply must be located within 6m of this turnaround area.

That a bushfire survival plan for occupants be prepared for display in thedevelopment as sought by the CFS.

2) Other directed or recommended conditions and advisory notes fromGovernment Agency referral responses being attached to any DevelopmentPlan Consent.

3) The following Council conditions being attached to any Development PlanConsent:


(a) Sealing of Vehicle AccessThe vehicle and cross-over shall be sealed in Hotmix bitumen, concrete,brick paving or similar material, from the edge of the sealed carriagewayof Colonial Drive to the property boundary.

NOTE: The access shall be constructed to ensure no constructionmaterials are deposited onto the carriageway of Colonial Drive.

REASON: To maintain safe and convenient movement of vehicles.

(b) Commercial LightingFlood lighting shall be restricted to that necessary for security purposesonly and shall be directed and shielded in such a manner as to not causenuisance to adjacent properties.

REASON: Lighting shall not detrimentally affect the amenity of thelocality.

(c) Maximum Number of Guests for Tourist AccommodationThe tourist accommodation (bed and breakfast) shall accommodate amaximum number of 8 (eight) guests at any given time.

REASON: To ensure the proposed development operates in accordancewith the approved plans

(d) Carparking Designed In Accordance With Australian Standard AS2890.1:2004.All car parking spaces, driveways and manoeuvring areas shall bedesigned, constructed, drained and line-marked in accordance withAustralian Standard AS 2890.1:2004. Line marking and directional arrowsshall be clearly visible and maintained in good condition at all times.Driveways, vehicle manoeuvring and parking areas shall be constructedof compacted gravel prior to occupation and maintained in goodcondition at all times to the reasonable satisfaction of the Council

REASON: To provide adequate, safe and efficient off-street parking forusers of the development.

(e) Car Parking Directional SignageDirectional signs indicating the location of car parking spaces shall beprovided on the subject land and maintained in a clear and legiblecondition at all times.

REASON: To identify the location of off-street parking and ensure thefree flow of traffic.

(f) Carparking Spaces for Persons With A Disability


Car parking space/s in the car park shall be designated as spaces forpeople with a disability and designed in accordance with AustralianStandard 2890.1:2004.

REASON: To provide adequate, safe and efficient off-street parking forusers of the development

(g) Soil Erosion ControlPrior to construction of the approved development hay bales (or othersoil erosion control methods as approved by Council) shall be placedand secured below areas of excavation and fill to prevent soil moving offthe site during periods of rainfall.

REASON: Development should prevent erosion and stormwaterpollution before, during and after construction.

(h) CFS Conditions to Be Completed Prior To OccupationThe Country Fire Service Bushfire Protection Conditions shall besubstantially completed prior to the occupation of the building andthereafter maintained in good condition.

REASON: To minimise the threat and impact of bushfires on life andproperty.

(i) Removal of Solid WasteAll solid waste including food, leaves, papers, cartons, boxes and scrapmaterial of any kind shall be stored in a closed container having a closefitting lid. The container shall be stored in a screened area so that is itnot visible to Colonial Drive.

REASON: To maintain the amenity of the locality.

(j) Regular Removal of Solid Waste from The SiteAll waste shall be removed from the subject land at least once weekly.

REASON: To maintain the amenity of the locality.



This Development Plan Consent is valid for a period of twelve (12)months commencing from the date of the decision (or if an appeal hasbeen commenced, the date on which the appeal is determined,whichever is later). Building Rules Consent must be applied for prior tothe expiry of the Development Plan Consent, or a fresh developmentapplication will be required. The twelve (12) month period may be furtherextended by written request to, and approval by Council. Application foran extension is subject to payment of the relevant fee.

(2) Management of the property during construction shall be undertaken insuch a manner as to prevent denudation, erosion or pollution of theenvironment.

(3) The applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, to take allreasonable and practical measures to ensure that the activities on thewhole site, including during construction, do not pollute the environmentin a way which causes, or may cause, environmental harm.

(4) Department of Environment, Water & Natural Resources (DEWNR) –Native Vegetation Council NoteThe applicant is advised that any proposal to clear, remove limbs or trimnative vegetation on the land, unless the proposed clearance is subjectto an exemption under the Regulations of the Native Vegetation Act 1991,requires the approval of the Native Vegetation Council. The clearance ofnative vegetation includes the flooding of land, or any other act oractivity that causes the killing or destruction of native vegetation, thesevering of branches or any other substantial damage to nativevegetation. For further information visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation

Any queries regarding the clearance of native vegetation should bedirected to the Native Vegetation Council Secretariat on 8303 9777. Thismust be sought prior to Full Development Approval being granted byCouncil.

(5) Water Storage TanksA water storage tank (and any supporting structure) which:a) is not part of a roof drainage system; orb) has a total floor area exceeding ten (10) square metres; orc) is not wholly above ground; ord) has a part higher than four (4) metres above the natural surface ofthe ground,will require Council approval.


(6) Signage Requires Separate Development ApplicationA separate development application is required for any signs oradvertisements (including flags and bunting) associated with thedevelopment herein approved.


The Bushfire hazard for the area has been assessed as BAL 12.5

The buildings shall incorporate the construction requirements forbuildings in Bushfire Prone areas in accordance with the Building Codeof Australia Standard AS3959 “Construction of buildings in bushfire roneareas”.

(8) Compliance with Food Act SA 2001This approval under the Development Act 1993 does not in any way implycompliance with the Food Act SA 2001 and/or Food Safety Standards. Itis the responsibility of the owner of other person operating the foodbusiness from the building to ensure compliance with the relevantlegislation before opening the food business on the site.

(9) Food Handling NotificationFood business notification must be provided prior to commencing anyfood (or consumable product) handling activities. This may be providedon-line at www.fbn.sa.gov.au or by obtaining a notification form fromAdelaide Hills Council.

9. ATTACHMENTS1. Locality Plan2. Proposal Plans and Details3. CFS Response4. EHU Response5. Engineering Response6. State Heritage Department response7. Representation8. Relevant Development Plan Policy Area provisions9. Relevant Development Plan Zone provisions10. Relevant Development Plan Council Wide provisions


___________________________ _______________________________

Tom Victory Vanessa NixonSenior Statutory Planner Team Leader Statutory Planning

ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2


ATTACHMENT 3

CFS RESPONSE

ATTACHMENT 4

COUNCIL ENVIRONMENTAL HEALTH DEPARTMENT RESPONSE

ATTACHMENT 5

COUNCIL ENGINEERING DEPARTMENT RESPONSE

ATTACHMENT 6

STATE HERITAGE DEPARTMENT RESPONSE

ATTACHMENT 7

REPRESENTATION

ATTACHMENT 8

RELEVANT POLICY AREA PROVISIONS

OBJECTIVES

Objective 2: Conservation of rural character and scenic amenity, especially significant tracts of bushland.Objective 3: Restriction of residential development to existing allotments only.Objective 4: No intensification of urban development.

PRINCIPLES OF DEVELOPMENT CONTROL

1 Development should primarily be limited to agriculture and horticulture and related activities and properlyplanned with due regard to topography, vegetation, possible impact on surrounding development andwater resources.4 Residential development should be limited to detached dwellings only and should be sited and designedso that it:(a) does not adversely affect the general rural character and amenity of the environment by way of siting,bulk or appearance;(b) is compatible with the nature and type of adjoining development;7 Development should:(a) be of a scale and intensity which is unlikely to have a detrimental impact on the local environment,neighbouring development and the rural character; and14 No part of any non-residential building should be located closer than 20 metres from the side and rearboundaries of the allotment.17 Landscaping to screen buildings should form an integral part of the development.18 Existing indigenous trees and bushland area should, subject to good bushfire protection management,be preserved.19 Development should not cause unreasonable overshadowing on adjoining allotments, or glare,reflections, or create any other undesirable micro-climate effect.

ATTACHMENT 9


Objective 1: The maintenance and enhancement of the natural resources of the south Mount LoftyRanges.Objective 2: The enhancement of the Mount Lofty Ranges Watershed as a source of high quality water.Objective 5: The enhancement of the amenity and landscape of the south Mount Lofty Ranges for theenjoyment of residents and visitors.Objective 6: The development of a sustainable tourism industry with accommodation, attractions andfacilities which relate to and interpret the natural and cultural resources of the south Mount Lofty Ranges,and increase the opportunities for visitors to stay overnight.


3 Buildings:(a) should have a year-round water supply and a safe and efficient effluent disposal systemwhich will not pollute watercourses or underground water resources or be a risk to health; and(b) should have a safe, clean, tidy and unobtrusive area for the storage and disposal of refuseso that the desired natural character of the Zone is not adversely affected.

4 Buildings and structures should not be located within 25 metres of a watercourse andbuildings and structures including chain mesh and solid fences should not be located on landsubject to flooding as shown on Figures AdHiFPA/1 to 19 or within other areas subject toflooding or inundation by a 1 in 100 year average return interval flood event.

6 Additions to dwellings located on land subject to flooding as shown on Figures AdHiFPA/1 to19 or within other areas subject to flooding or inundation by a 1 in 100 year average returninterval flood event, should be in the form of upper level additions and should not increase thetotal floor area at ground level of the dwelling.

7 Additions to buildings should:(a) be located on the side of the dwelling which minimizes the obtrusiveness of the completedbuilding; and(b) comply with the previously mentioned principles of development control relating to thelocation and design of buildings.

8 The number of outbuildings should be limited, and where appropriate they should be groupedtogether, located in unobtrusive locations and comply with the previously mentioned principles ofdevelopment control relating to the location and design of buildings.

9 Driveways and access tracks should follow the contours of the land to reduce their visualimpact and erosion from water run-off and be surfaced with dark materials. Theexcavation/filling of land should be kept to a minimum to preserve the natural form of the landand the native vegetation.

11 Buildings should not impair the character of rural areas by reason of their scale or siting. Ifnecessary, buildings should be screened by trees or shrubs.

14 Development should not detract from the natural and rural landscape character of the region.

28 The nature, features and general character of areas and items, other than buildingdevelopment and vegetation, should be conserved which are of special:

(a) historical (including archaeological) significance or heritage value;(b) scientific interest; or(c) scenic value or natural beauty.

31 No change of land use should occur in or near areas of native vegetation which are likely toadversely impact on the vegetation.

32 The provision of services, including power, water, effluent and waste disposal, access roadsand tracks should be effected over areas already cleared of native vegetation or, if this is notpossible, cause the minimum interference or disturbance to native vegetation.

36 Development should take place in a manner which will not interfere with the utilisation,conservation or quality of water resources and protects the natural systems that contribute tonatural improvements in water quality.

Non-complying Development70 All kinds of development are non-complying in the Watershed (Primary Production) Zoneexcept for the following:

Dwelling where the dwelling is to be erected on an existing allotment and where a habitabledwelling or tourist accommodation for up to ten guests does not already exist on the allotment,unless the dwelling is to replace an existing dwelling, and where:(a) no valid planning authorisation to erect a dwelling on that allotment exists; and(b) no other application for planning authorisation is being made or has been made and is notyet determined for a dwelling on that allotment; and(c) where the detached dwelling and allotment complies with the criteria in Table AdHi/5

Tourist Accommodation and ancillary uses:(a) within part of or as an extension to a dwelling or lawful tourist accommodation existing as at14 September 1990, and where up to eight guests are accommodated in hostedaccommodation; or(b) wholly within a dwelling or lawful tourist accommodation existing as at 14 September 1990,and where up to ten guests are accommodated in non-hosted accommodation; or(c) wholly within or within part of or as an extension to a State or Local Heritage Place identifiedin Tables AdHi/1 to 2, and where no more than 30 guests are accommodated on a singleallotment and where no other habitable building erected after 21 September 2000 exists;and which in all cases complies with the criteria in Table AdHi/5

ATTACHMENT 10


OBJECTIVES

Objective 1: Orderly and economic development.

Objective 2: A proper distribution and segregation of living, working and recreational activitiesby the allocation of suitable areas of land for those purposes.

Objective 4: The retention of the country town character and protection of the surroundingwatersheds and primary production land from urban development.

Objective 5: Prevention of the continued encroachment of urban development into rural areas.

Objective 11: A comprehensive, integrated, and efficient, public and private transport systemwhich will:(a) provide access to adequate transport services for all people, at an acceptable cost;(b) effectively support the economic development of metropolitan Adelaide and the State;(c) ensure a high level of safety; and(d) maintain the options for the introduction of suitable new transport technologies.

Objective 14: A compatible arrangement between land uses and the transport system whichwill:(a) ensure minimal noise and air pollution;(b) protect amenity of existing and future land uses;(c) provide adequate access;(d) ensure maximum safety; and(e) protect roadside vegetation.

Objective 20: The safe and efficient movement of people and goods.

Objective 21: The free flow of traffic on roads by minimizing interference from adjoiningdevelopment.

Objective 27: A variety and choice of dwelling types to meet the needs and preferences of allsections of the community.

Objective 87: The amenity of localities not impaired by the appearance of land, buildings andobjects.

Objective 88: Buildings or structures unobtrusively sited and of a character and design whichblends naturally with the landscape.

Objective 90: Development in urban and rural areas in keeping with appearance and character ofthose areas.

Objective 95: To assist in preservation and enhancement of the district character throughencouragement of sensitive tourist developments.

Objective 96: To assist and encourage development of small scale tourist accommodationfacilities in localities having a convenient access to primary traffic routes as shown on MapAdHi/1 (Overlay 1).Objective 97: The maximization of informal public access and usage of natural and historicalresources.

Objective 99: The conservation of buildings, sites, trees and areas of architectural, historical,cultural, archaeological, scientific or other special significance in particular those identified inTable AdHi/1 (State Heritage Places), Table AdHi/2, (Local Heritage Places).Objective 100:The retention, conservation and enhancement of places of State Heritage value,Local Heritage value and areas of historic character.

Objective 101:The facilitation and encouragement of continued use or adaptive reuse of land,buildings and structures of state and local heritage value.

Objective 102: Public awareness, appreciation and interpretation, of land, buildings, structures ofheritage significance, and the conservation ethic, encouraged and facilitated.

Objective 103:Protection of watersheds from pollution.Objective 104:The protection of the Mount Lofty Ranges Watershed against pollution andcontamination.

Objective 106:Development should minimise the threat and impact of bushfires on life andproperty while protecting the natural and rural character.Objective 107:Buildings and the intensification of non-rural land uses directed away from areasof high bushfire risk.

Objective 119: Protection of the quality and quantity of South Australia’s surface waters (inland,marine and estuarine) and underground waters.


2 Development should be orderly and economic.

3 Development should take place on land which is suitable for the intended use of that landhaving regard to the location and condition of that land and the objectives for the zone in whichit is located.

9 Development should not take place in a manner which will interfere with the effective use ofother land in the locality and which will not prevent the attainment of the objectives for that otherland.

12 In the absence of a reticulated or indirect water supply, development should have anindependent water supply of a nature, design, quality and capacity that can be demonstrated assuitable for meeting the ongoing requirements of the development, particularly for domestic,livestock, and fire protection purposes.

13 Development should not detrimentally affect the character or amenity of its locality or causenuisance to the community:(a) by the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust,grit, oil, waste water, waste products, electrical interference or light; or(b) by stormwater, or the drainage of run-off from the land; or(c) if the slope and soil structure of the land is unsuitable for septic tank effluent disposal whererequired; or

(d) by the loss of privacy; or(e) traffic generation; or(f) storage of inflammable or toxic waste, or(g) unsightly appearance.

15 Development should not be undertaken if the construction, operation and/or management ofsuch development is likely to result in:(a) unnecessary loss or damage to native vegetation;(b) the denudation of pastures;(c) erosion;(d) dust;(e) noise nuisance;(f) sealing of large areas of ground likely to result in increased stormwater run-off.

16 New housing and other urban development should:(a) be limited to infilling of existing built-up areas and compact extensions within definedboundaries;(b) be located so as to achieve economy in the provision of public services; and(c) create a safe, convenient and pleasant environment in which to live.

17 Development in localities having a bad or unsatisfactory layout, or unhealthy or obsoletedevelopment should improve or rectify those conditions.

18 Development should not be undertaken where the overall natural slope of the allotment isgreater than 1 in 4.

19 Septic tanks should:(a) not be installed where effluent is likely to lead to pollution of surface or underground water;(b) be installed on allotments large enough to allow disposal of effluent within the allotmentboundaries; and(c) be located so as to permit the most effective (in accord with SA Water and South AustralianHealth Commission standards) disposal of effluent within the allotment, notwithstanding otherdesign and siting principles.

20 Effluent and other waste materials from development should be capable of being treated anddisposed of without risk to health, or impairment to amenity.

22 Buildings should be clad in materials which are non-reflective and which do not detract from theamenity and character of the locality by reason of unsightly appearance.

41 The construction of access ways onto public roads should:(a) not interfere with or restrict drainage channels or watercourses; and(b) be in a safe and convenient location.

42 Road construction should be designed to blend with the landscape and be in sympathy withthe terrain.43 Development and associated points of access and egress should not cause interference withthe free flow of traffic on adjoining roads.

44 Development should include appropriate provision on the site to enable parking (includingbicycles), loading, unloading, turning and fuelling of vehicles, and be in accordance with TableAdHi/4 Development Guidelines.

56 Access points should be located as far away from intersections, road junctions and trafficsignals as practicable.

58 Development should include adequate, safe and convenient off-street car parking that does notinterfere with the safety and convenience of traffic on any road or thoroughfare.

59 Development should provide off-street vehicle parking and specifically marked disabled carparking places to meet anticipated demand in accordance with Table AdHi/4 Car ParkingProvisions.60 Development should be consistent with Australian Standard AS2890 Parking Facilities.

72 Residential development should efficiently use infrastructure and services.

75 Residential development should not create conditions which are likely to exceed the capacity ofexisting roads, public utilities, and other community services and facilities.

79 Dwellings should be supplied with adequate energy, water, waste disposal and drainagefacilities to serve the needs of the prospective users.

80 Residential development should:(a) not have a significant adverse effect on safety and amenity due to generation of throughtraffic;(b) provide for safe and efficient distribution of traffic;(c) provide for safe and convenient movement for pedestrians and cyclists, including aged,young and disabled persons;(d) provide for easy access for emergency and essential service vehicles; and(e) be designed to minimize the adverse effects of adjacent traffic movement.

226 Alterations or additions to buildings should be designed and constructed to harmonise withthe character of the existing building.

227 Development should take place in a manner which will not visually interfere with theachievement of the objective for an area or, otherwise the existing character of scenically orenvironmentally important areas, or areas which are prominently visible from other land or whichare frequented by the public.

228 Development should take place in a manner which will minimize alteration to the existingland form.

230 The appearance of land, buildings and objects should not impair the amenity of the locality inwhich they are situated.

234 The external materials of buildings should:(a) have surfaces which are of a low light-reflective nature; and(b) be of natural colours so as to be unobtrusive, blend with the natural rural landscape andminimize any visual intrusion.

246 Tourist and recreational development including picnic areas, scenic lookouts, hostels andcamps, should be provided with waste disposal and litter collection facilities.

247 Driveways and access roads to development should be designed to blend sympatheticallywith the landscape and with minimal interference with natural vegetation and landform.

248 The erection, alteration or conversion of any building should be undertaken only if itcomplements or enhances the scale, character and design of development in the locality andthe siting of buildings on adjoining allotments.

259 Tourism developments should:(a) enhance the character of the locality in which they are to be located;(b) be compatible with the cultural and heritage values of the locality and the Region;(c) be small in scale and designed and sited to be compatible with the local environment;(d) enhance the visual amenity of the locality;(e) utilise, where possible, existing buildings, and particularly heritage buildings.

260 Major tourism developments should preferably be located within existing townships,settlements, urban areas or designated zones.

261 Tourism developments in rural areas should ensure that agricultural activities aremaintained as the predominant land use in the Region, and are situated on land with loweragricultural potential.

262 Tourism developments, where proposed to be located in proximity to rural industry andseasonal activities should be designed and sited to reduce the potential for disturbance ordisruption to the tourist activity and should be located in a manner which is compatible withsurrounding uses.

264 Tourism developments in rural areas should provide visitor experiences and be developedin association with:(a) agriculture, viticulture and winery development;(b) heritage buildings and areas;(c) linear parks;(d) walking and cycling trails;(e) interpretive infrastructure; or(f) recreation and sporting venues.

265 Tourism developments should:(a) not exceed the capacity of the infrastructure or facilities required to service them;(b) use external materials of construction that are in keeping with traditional building styles,incorporating by way of example; stone, masonry or weatherboard walls, timber framedwindows, pitched corrugated steel roofs in either naturally weathered galvanised iron or similar,verandahs where appropriate and outbuildings, fences and other structures to complement themajor buildings;(c) provide vehicle parking and access ways which are surfaced with materials appropriate tomaintaining the character of the locality;(d) be designed and sited to prevent overshadowing and overlooking;(e) provide safe and convenient vehicle access that is compatible with the surrounding uses.

266 Tourism developments in rural areas should:(a) ensure the retention of native vegetation is maximised by only locating in areas whichconsist of a modified landscape;(b) not require changes to natural features;(c) be designed and sited to ensure the bed and banks of watercourses are protected frominappropriate development and management practices.

267 Tourism developments should protect the water resources of the Region by:(a) being located away from water sensitive areas;(b) having safe and efficient effluent disposal systems;

(c) incorporating an adequate area for waste disposal on the allotment of the proposeddevelopment;(d) disposing of waste water and effluent onto land and at a rate within the capacity of theallotment to retain and treat effluent;(e) not disposing of waste water and effluent into watercourses;(f) avoiding the use of holding tanks for waste water and effluent.

268 Tourism developments should only occur if a water source of acceptable quality, quantityand reliability is secured.

269 Tourist accommodation, when proposed to be located in a Local or State Heritage listedbuilding or group of buildings should only involve alterations which are in keeping with the formand scale of the original building(s) and which conserve and enhance the heritage value of thebuilding(s).

270 Tourist accommodation, when proposed to be located in existing building(s) should ensurethat development is in keeping with the existing form and scale of the building(s).

271 Tourist accommodation ancillary uses such as recreation, leisure, conference/meetingrooms and dining facilities should be limited to the requirements of guests being catered for.

274 Tourism development should be sensitive to the locality in which they are located and assistin the preservation, reinforcement and enhancement of the character of the locality.

275 Tourism development should be of a size and nature such that it will not lead to thecommercialisation and over-exploitation of the natural and historical resources.

276 Tourism development should assist in preservation and re-development of the natural andhistorical resource.

277 Tourist developments should not require substantial modification to the land form, particularlyin visually prominent locations.

285 Development of a place listed on the State Heritage Register or Register of Local HeritagePlaces listed in Tables AdHi/1 and 2 should retain and enhance the heritage value of the place.

286 Those elements of a local heritage place, listed in Table AdHi/2 which are considered to beof heritage significance, should not be demolished or altered unless the structural condition ofthe place is seriously unsound, represents a risk to public safety and is beyond economic repairand:(a) the alterations to the place are in keeping with the character and scale of the existingdevelopment of the site; and(b) the development to replace the place to be demolished, or the alteration to the place, is of ascale and character compatible with the scale and character of development on the site and inthe area, and designed to a high functional and architectural standard.

287 Where adaptation of a State or local heritage place to new uses involves additionalconstruction or part demolition, or where alterations or additions are proposed to the fabric ofsuch a place, development should reinforce and complement:

(a) the heritage character and value of the place identified in Tables AdHi/1 and 2; and(b) (b) the character of such a place in terms of its design, siting, boundary set-backs, scale,

built form and roof shape, materials and external finishes and colours.

289 Landscaping and fencing associated with a State or local heritage place should complementand reinforce the historic value of the place.

292 The use to which a State or local heritage place is put should support financially themaintenance and restoration of such place.

295 Development within the Mount Lofty Ranges should be compatible with its use as a watercatchment and storage area, and with its values as an area of primary production and scenicquality.

298 Development should minimise the risk of pollution of water catchment areas.

299 Buildings and structures should be located away from areas that pose an unacceptablebushfire risk as a result of one or more of the following:(a) vegetation cover comprising trees and/or shrubs;(b) poor access;(c) rugged terrain;(d) inability to provide an adequate building protection zone; or(e) inability to provide an adequate supply of water for fire-fighting purposes.

300 Residential, tourist accommodation and other habitable buildings should:(a) be sited on the flatter portion of allotments and avoid steep slopes, especially upper slopes,narrow ridge crests and the tops of narrow gullies, and slopes with a northerly or westerlyaspect;(b) be sited in areas with low bushfire hazard vegetation and set back at least 20 metres fromexisting hazardous vegetation; and(c) have a dedicated and accessible water supply available at all times for fire fighting.

301 Extensions to existing buildings, outbuildings and other ancillary structures should belocated and constructed using materials to minimise the threat of fire spread to residential,tourist accommodation and other habitable buildings in the event of bushfire.

306 Development in a Bushfire Protection Area should be in accordance with those provisions ofthe Minister’s Code: Undertaking development in Bushfire Protection Areas that are designated asmandatory for Development Plan Consent purposes.

366 Stormwater management systems should be designed and located to:(a) improve the quality of receiving waters;(b) protect existing native vegetation;(c) prevent erosion;(d) protect receiving waters from high levels of flow; and(e) avoid adverse impacts on built structures.

367 Stormwater systems should be designed with structures to minimise the entry of pollutantssuch as sediment, pesticides and herbicides, bacteria, animal wastes and oil and grease intoreceiving waters.

368 Development should prevent the discharge or deposit of waste (including wastewater) intoany waters or onto land in a place from which it is reasonably likely to enter any waters(including by processes such as seepage or infiltration or carriage by wind, rain, sea spray, orstormwater or by the rising of the water table).

369 The rate and duration of stormwater discharged into a watercourse should be managed by:(a) retention for reuse ; and/or

(b) use of detention mechanisms and/or detention in a detention basin.

371 Development design and construction should:(a) incorporate water sensitive design measures to manage, protect and conserve waterthrough features to retain, detain and, re-use water on-site;(b) maximise the potential for stormwater harvesting; and(c) incorporate detention measures to minimise any concentrated stormwater discharge fromthe site.

372 Development should incorporate stormwater management techniques to contain thequantity, velocity, variability and quality of run-off to as near pre-development levels as practical,by means of but not limited to:(a) directing roof stormwater overflow from rainwater tanks to soakage trenches or toretention/overflow wells or sumps where large roof catchments are involved;(b) utilising grassed swales or natural drainage lines to accommodate the major flows from theland development; and(c) incorporating stormwater systems designed to prevent entry of pollutants such as sediment,pesticides and herbicides, bacteria, animal wastes and oil, grease and waste water from vehiclecleaning processes, air conditioners and fire protection services pipework testing into receivingwater.



Applicant: Adelaide Hills Council Landowner: A R Willing & S Willing

Agent: Veska & Lohmeyer Pty Ltd Ward: Marble HillDevelopment Application: 2010/D49/473 Originating Officer: Vanessa Nixon

Application Description: Land Division - one allotment into two (2) (non-complying) –DAC relevant authority


General Location: 23 Yarrabee Road,Greenhill

(Refer to Locality Plan Attachment 1)Development Plan Consolidated : 26August 2010Map AdHi/3




Public Notice Category: 3 Representations Received: One

Representations to be Heard: N/A

1. EXECUTIVE SUMMARYThe purpose of this report is to seek the concurrence of the CDAP to the DevelopmentAssessment Commission’s (DAC) resolution to grant Development Plan Consent to theland division application.

The application relates to the creation of an additional allotment around a recentlyconstructed playground. The current large parcel of land is owned by a private landholderand it is intended to create an allotment of 1729m2 at the eastern end of the subject land.

The subject land is located within the Hills Face Zone and is a non-complying form ofdevelopment. Pursuant to Schedule 10(3)(2)(c) of the Development Regulations 2010,the DAC is the relevant authority. The DAC undertook Category 3 public notification andone response was received from Boral regarding mining operations.

The CDAP have considered this application on two separate occasions (13 January 2011and 3 May 2011) due to changes in the designation of the land and resolved to supportthe application. The DAC have resolved to grant consent to the application now that theplan of division has been amended to designate the new allotment as reserve. As theproposal is a non-complying form of development, the concurrence of the CDAP isrequired before the DAC can issue a decision.

Therefore staff are recommending that the Development Assessment Panel concur withthe DAC’s resolution to grant consent to the proposal and advise the DevelopmentAssessment Commission accordingly.

Council Development Assessment Panel Meeting – 3 June 2014Adelaide Hills Council10/D49/473

2. DESCRIPTION OF THE PROPOSALThe proposal is to create an additional allotment of 1729 m2 to encompass the existingplayground and Council reserve at the eastern end of the subject land. This will allowCouncil to maintain the existing playground for the community. The remainder of the landwill continue to be used for residential purposes.

The report and minutes from the CDAP meeting of 3 May 2011 (includes 13 January2011 report and minutes) are contained in Attachment 2.

3. HISTORYThe proposed allotment was originally to be designated as community land. There weredifficulties with this classification in terms of the processes required to register such landand the plan was changed to delete the reference to community land. The DACrequested that the land be designated as recreation reserve. This has now beenamended on the plan and the DAC has subsequently resolved to grant consent to theproposal.

The report and information from the DAC is contained in Attachment 3.

4. CONSULTATIONThe application was categorised as a Category 3 form of development. The DACreceived one representation from Boral regarding mining operations as a result of thepublic notification.

5. PLANNING ASSESSMENTDespite the non-complying nature of the proposal, it is considered to substantiallysatisfy a number of fundamental provisions of the Adelaide Hills Council DevelopmentPlan, and evidence has been provided by the applicant that the proposal is consistentwith the intent of the Hills Face Zone and is compatible with neighbouring land. Theproposal will provide a separate allotment for the playground area. Whilst the proposalis non-complying, it is logical to have the playground which is maintained by the Councilin the ownership of Council.

6. RECOMMENDATIONThat the Council Development Assessment Panel concurs with the DAC’sresolution to grant consent to Development Application 2010/D49/473 byAdelaide Hills Council for Land Division - one allotment into two (2) (non-complying) at 23 Yarrabee Road, Greenhill SA 5140 and advises the DACaccordingly.

7. ATTACHMENTS1. Locality Plan2. 3 May 2011 CDAP agenda item and minutes3. DAC report and information

Council Development Assessment Panel Meeting – 3 June 2014Adelaide Hills Council10/D49/473


___________________________ _______________________________


ATTACHMENT 1

LOCALITY PLAN

ATTACHMENT 2

3 MAY 2011 CDAP REPORT AND MINUTES

ATTACHMENT 3

DAC REPORT AND INFORMATION

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