council development assessment panel notice of …€¦ · 31-08-2016 · held on wednesday 31...

COUNCIL DEVELOPMENT ASSESSMENT PANEL

NOTICE OF MEETING

TO: Presiding Member: Dr Susan Shannon Members: Mr Rob Veitch, Ms Fleur Bowden,

Mr David Hughes, Mr Kevin Fischer, Ms Merilyn Nicolson, Mr Simon Zeller

NOTICE is hereby given that a Meeting of the Town of Gawler Council Development Assessment Panel will be held in the Council Chamber, Town Hall, 89 Murray Street, Gawler, on Wednesday 31 August 2016 commencing 6.30pm. A copy of the Agenda for the above meeting is supplied.

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Ryan Viney Acting Manager Economic Development, Regulatory Services and Communications 24 August 2016

COUNCIL DEVELOPMENT ASSESSMENT PANEL AGENDA

Wednesday 31 August 2016



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For the Meeting of the Town of Gawler Council Development Assessment Panel to be held on Wednesday 31 August 2016 in the Council Chamber, Town Hall, 89 Murray Street, Gawler, commencing at 6.30PM. Welcome and Presiding Member Introductions 1. Attendance Record

1.1 Roll Call 1.2 Apologies 1.3 Leave of Absence

2. 3.

Confirmation of Minutes – That the minutes of the Council Development Assessment Panel Meeting held on Thursday 28 July 2016 be confirmed as a true and correct record of proceedings. Business Arising from Previous Minutes

4. Declaration of Interest by Members of the Panel 5. Reports: Page No.

5.1 Development Application: 490/440/2016 3 - 11

Applicant: Physioactive SA

Address: 6-8 Main North Road, Willaston

Nature of Development: Variation to Development Authorisation 490/794/2015 - Removal of condition 7

5.2 Development Application:

Applicant:

Address:

Nature of Development:

490/151/2016

Tariba Pty Ltd

8 Cowan Street, Gawler

Expansion to existing use Community Centre including (ancillary Sunday service (place of worship) & upgrade to existing Community Centre (including partial demolition to non-heritage items)

12 - 38


Applicant:

Address:


490/399/2016

Town of Gawler

89-91 Murray Street, Gawler

Gawler Town Hall Redevelopment

39 - 68


Applicant:

Address:


490/41/2016

Symes Accountants

2 Fourteenth Street, Gawler South

Additions And Alterations (Second Storey Addition) to Existing Office Building (Non-Complying)

69 - 76



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6. Information Items:

6.1 Significant / Regulated Tree Removal 77 - 81

6.2 Appeal Matters 82

6.3 Matters previously deferred 83

7.

Other Business

8. Date of Next Meeting - To be confirmed.

9. Closure



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Item Number 5.1

Development Application 490/440/2016

Author(s) Development Assessment Planner (Scott Twine)

Applicant Physioactive SA

Owner V M Costin

Subject Land 6-8 Main North Road Willaston 5118

LOT: 102 PLN: 14278 CT: 5606/491

Description of Development Variation to Development Authorisation 490/794/2015 - Removal of condition 7

Zone Mixed Use Historic (Conservation)

Public Notification Category 1

Previous Reference/Motion DAP: 2015:06:37

Lodgement Date of Application 10/08/2016

Relevant Development Plan 30 April 2016

Recommendation Approval

Delegation Deemed to be more appropriately considered by the CDAP

(3.3.1.6)

Attachments Under Separate Cover

Attachment 1 –

Attachment 2 –

Attachment 3 –

Attachment 4 –

Attachment 5 –

Decision Notification Form

8 June agenda report

8 June agenda minutes

8 June agenda attachments

Request for removal of condition

BACKGROUND

Development Application 490/794/2015 was previously presented to the panel for a determination

at the panel meeting held 8 June 2016. The proposal comprised of the following:

• Change of use from service trade premises (former Costin’s mowers) to consulting room

(physiotherapist);

• Additions and alterations to Local Heritage Place (Costin’s shop and shed – former

wheelwrights), comprising of:

o Demolition of rear stone building (Local Heritage Place – former wheelwrights) and

ancillary outbuildings; and

o Construction of new rear addition.

• Establishment of car parking area (18 spaces);

• Establishment of Landscaping to the car parking area;



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• Installation of stormwater infrastructure;

• External road treatments to Main North Road; and

• Illuminated pylon signage (maximum height of 3 metres).

Following the panels deliberation on the application, the panel resolved to grant Development Plan

Consent subject to two (2) reserved matters and thirty one (31) conditions.

A copy of the Decision Notification Form (Development Plan Consent) for the original Development

Application is contained within Attachment 1. The 8 June 2016 panel agenda report, minutes and

attachments, are contained within Attachment 2, 3 and 4 respectfully.

PROPOSAL

Following the issuing of Development Plan Consent on the original Development Application

(490/794/2015), the applicant lodged a variation application with Council to remove one of the

conditions previously imposed. The condition in question (Condition 7) relates to a limitation of the

maximum number of consultants permitted to operate on site at any one time. The relevant

condition is detailed below:

7. At any one time, the number of consultants practicing on site shall be limited to a maximum

of 5 persons.

The applicants planning consultant, Urban Planning Initiatives, details the rationale for the removal

of the condition being dependent upon it being formulated without proper regard to the provision of

car parking on site and effectively being invalid.

Accordingly, as the panel acted as the delegate of Council in determining the original application,

the variation application is presented to the panel for a determination, on whether Condition 7

should be removed.

The applicant’s formal request and rationale to vary the subject condition is contained within

Attachment 5.

LOCALITY

The main characteristics of the locality are as follows:

NORTH • A combination of land uses form the northern locality of the subject site,

these uses comprise of Bulky Goods (Stratco), Personal Service

Establishment (Hair Dresser), Light Industry (Gawler Canvas) and

Residential dwellings (primarily Detached).



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EAST • The adjacent properties with frontage to Main North Road form the eastern

boundary of the Mixed Use Historic (Conservation) Zone. The eastern

locality comprises of retail (shop) uses with rear located car parking areas.

• The adjoining Residential Zone primarily consists of low density Detached

Dwellings.

SOUTH • The adjoining Detached Dwelling (situated at 4 Main North Road, Willaston)

forms the boarder of the Mixed Use Historic (Conservation) Zone abutting

the Willaston Policy Area of the Residential Zone.

• The Southern locality is bound by the Lions/Essex Park and adjacent

Caravan and Tourist Park Precinct within the Special Use Zone. The areas

consist of recreational (swimming pool and tennis court) uses and tourist

accommodation facilities.

WEST • The Willaston Policy Area of the Residential Zone directly abuts the subject

land. The adjoining Residential Zone primarily consists of low density

Detached and Group Dwellings.

• Eleven (11) Group Dwellings directly adjoin the subject site.



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A map of the Locality Plan is provided below:

Residential Zone

Mixed Use Historic

(Conservation) Zone

Special Use Zone

Residential Zone



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CATEGORISATION (PUBLIC NOTIFICATION)

The amendments undertaken to the proposal are not considered to alter the nature of the

development previously granted Development Plan Consent, and as such, are not required to be

re-notified pursuant to regulation 20(4) of the Development Regulations 2008.

ASSESSMENT

It is noted that the assessment of a variation application differs to that of a typical development

application proposing a new form of development, as the scope of assessment is limited to the

extent of the variation sought. The distinction in assessment process was outlined in the matter

between Holds & Ors V The City Of Port Adelaide Enfield & Ors [2011].

As such, Council as the relevant authority is limited to a merit assessment of the removal of the

subject condition relevant to the provisions of the Development Plan.

It is noted that in accordance with Section 39 of the Development Act 1993, where an application

seeks to vary a previous development authorisation (including a condition of that authorisation), the

relevant authority (Council) cannot:

a) Impose a new condition, or vary an existing condition, with respect to a matter that does not

fall within the ambit of the application for variation; and

b) Affect the operation of a condition imposed with respect to the original authorisation.

Accordingly, an assessment against the relevant Development Plan has been conducted, with the

relevant provisions outlined below.

The zoning of the land and relevant provisions

The subject land is situated within the Mixed Use Historic (Conservation) Zone. The following Town

of Gawler Development Plan Objectives and Principles of Development Control (PDC’s) were

considered in the assessment of this application:

Council Wide Section Objectives Principles of Development Control

Appearance of Land, Building

and Public Environment

1 1, 4, 5, 8

Commercial Development 9 -

Conservation 12 35

Interface Between Land Uses 39, 40 97, 98

Residential - 239, 241, 242, 252, 253, 260, 261



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Section Objectives Principles of Development Control

Mixed Use Historic

(Conservation) Zone

1, 2, 3, 4 1, 2, 3, 4, 5, 6, 7, 8, 9, 23

An assessment of the application with respects to the removal of Condition 7 has been undertaken

below. The key aspects discussed relating to the assessment of the application includes:

• Validity of Condition;

• Intensification of land use; and

• Provision of car parking on-site.

Validity of Condition

The applicants planning consultant in their submission to Council notes that the condition is not

valid and serves no planning purpose. In order for a condition to be valid, it is required to comply

with Section 42 of the Development Act 1993, in which Section 42(3) states:

1) A relevant authority may, for example, approve a development subject to a condition—

a. that regulates or restricts the use of any land or building subject to development; or

b. that provides for the management, preservation or conservation of any land or

building subject to development; or

c. that regulates maintenance of any land or building subject to development; or

d. where the applicant is seeking approval for a temporary development—that

provides that, at a future time specified in the condition—

i. the previous use of the land will revive, or a use of the land will cease; and

ii. any person who has the benefit of the development will restore the land to

the state in which it existed immediately before the development.

Condition 7 previously imposed limits the use to the site to a maximum of 5 consultants, thus

complying with Section 42(3)(1)(a) of the Development Act 1993. The condition was recommended

to be imposed by Council Staff as a result of the documentation submitted to Council by the

applicant for the assessment of the original Development Application (490/794/2015), in which it

was stated by the applicant that the site will be used by no more than 5 consultants at any one

time. Irrespective of this, the planning merits for removing the condition must be considered.

A copy of the applicant’s submission to Council detailing the maximum number of consultants to be

on site at any one time is contained within Attachment 1 (Application Plans and Documentation –

more specifically report prepared by Urban Planning Initiatives dated 14 November 2015) of the

previous 8 June CDAP agenda report attachments contained within Attachment 4.



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Intensification of land use

The removal of condition 7 has the ability to intensify the use previously approved (Development

Plan Consent only), through the increase in practitioners operating on site. Given that the removal

of the condition does not increase the floor area of the building, the development is still a desired

use within the Mixed Use Historic (Conservation) Zone and accords with PDC 1 of the zone and

Council Wide Objective 30.

Further, as the proposal does not seek to vary the operating hours of the use previously approved,

the proposal will not give rise to any additional amenity impacts associated with the site, provided

that sufficient car parking has been provided. The provision of car parking is discussed in detail

below. Therefore the proposal does not give rise to any inconsistencies with Council Wide

Objective 39 and PDC 97 and 98. The intensification of the land use with regards to its

appropriateness within the Mixed Use (Historic) Conservation Zone and amenity impact is

considered to be appropriate.

Provision of on-site car parking

In accordance with Table Ga/1 of Council’s Development Plan, Consulting Room uses are required

to provide on-site car parking at a rate of 9.5 spaces per 100 square metres of floor area.

Accordingly, based on the specified Development Plan rate, the proposal was required to provide a

total of 41 car parking spaces. However, it was conceded in the assessment of the previous

application (490/794/2015) that a lower car parking rate, as determined by Aurecon Engineers,

should more appropriately be applied in the determination of the application.

Accordingly, car parking was determined to be appropriate on the provision of 4 car parks per

consulting room, with due consideration to the existing historic shortfall of 15 car parks associated

with the site (required to occur in accordance with matter between Stamopolous Pty Ltd V City of

Holdfast Bay [2004]). This determination was made in preference to the applicant’s planning

consultant’s car parking justification, which sought to further dispense the suggested Aurecon rate

to 4 car parks per consultant (rather than consulting room).

A summary of the car parking comparisons is provided below:

Component Development Plan Requirement

Applicants Planning Consultants Requirement

Aurecon Consulting Engineers

Requirement

Rate specified 9.5 spaces per 100m2 4 car parks per consultant

4 car parks per consulting room



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Resulting car parks required

41 20 (based on 4 consultants)

36

Historic shortfall 15 15 15

Total required 26 5 21

Resulting shortfall/surplus

8 shortfall 13 surplus 3 shortfall

As the proposal simply seeks to remove the subject condition and not increase the number of

consulting rooms (or increase floor area) situated on site, the proposal does not exacerbate the

existing car parking demand for the use. Similarly, as the floor area for the building is not being

increased, the removal of the condition does not exacerbate the car parking demand nor impact

the car parking rate previously accepted by the panel (as the rate was based on number of

consulting rooms and not consultants i.e. 9 rooms). Consequently, the application does not give

rise to any inconsistency with Mixed Use Historic (Conservation) Zone PDC 21, 22 and Council

Wide PDC 26.

Accordingly, the removal of Condition 7 would not result in an overspill of car parking on site and

as such, is not considered to be detrimental to the existing locality. It is noted that in the absence of

Condition 7, the site will be limited in practise to its physical constraints, being that of the number of

consulting rooms available on site.

CONCLUSION

When considering the merits of the removal of condition 7 against the relevant provisions of the

Development Plan, the removal of the condition is not considered to give rise to any

inconsistencies in provisions, namely with reference to car parking demand and amenity impact.

The removal of the condition is therefore considered to be appropriate and warrants Development

Plan Consent being granted. It is noted that all other conditions and reserve matters imposed

under Development Application 490/794/2015 will continue to apply to the amended consent.

RECOMMENDATION

That having regard to the relevant provisions of the Gawler (CT) Development Plan,

pursuant to Section 33(1) of the Development Act 1993, that the application is not seriously

at variance with the Development Plan and that DEVELOPMENT PLAN CONSENT be

GRANTED to Development Application 490/440/2016 for the Variation to DA 490/794/2015 -

Removal of condition 7 at 6-8 Main North Road WILLASTON 5118, subject to the following

conditions:



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1) Except where varied by this consent, all other conditions, plans and details relating to

Development Application Number 490/794/2015 continue to apply to this amended consent.

REASON: To ensure the development is undertaken in accordance with the approved plans,

conditions and details therein.



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Item Number 5.2


Author(s) Senior Planner (David Bielatowicz)

Applicant TARIBA PTY LTD

Owner M K LUCAS

Subject Land 8 Cowan Street GAWLER 5118

LOT: 3 PLN: F125176 CT: 5220/169

Description of Development Expansion to existing use community centre including ancillary Sunday service (Place of Worship) and upgrade to existing community centre (including partial demolition to non-heritage items)

Zone Town Centre Historic (Conservation) Zone

Public Notification Category Category 1

Previous Reference/Motion N/A


Relevant Development Plan April 30 2015

Recommendation Approval Subject to Conditions and Reserve Matters

Delegation Deemed to be more appropriately considered by the CDAP (3.3.1.6)


Attachment 1 –

Attachment 2 –

Attachment 3 –

Attachment 4 –

Attachment 5 –

Proposed Plan

ECSPC – Planning Report

490/221/98 DNF and Conditions

State Heritage Comments

Original Proposal and Planning Report

PROPOSAL

The following proposal seeks Development Plan Consent for the expansion to an existing use of a

Community Centre (490/221/98) in the form of an ancillary Sunday Service (Place of Worship) and

alterations and upgrades to the existing building (Community Centre) including partial demolition to

non-heritage listed items (structures).

In particular, the proposal includes:

• The partial demolition of non-heritage listed items and structures within the subject site and

building (see ‘demolition’ plan forming part of Attachment 1):

• The construction of a new hall addition (157m2 approximately) to the area of the western

side of the existing building. (see ‘floor plan’ and ‘elevations plan’ forming part of

Attachment 1):



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• Repair work and repainting of the existing building exterior.

• Provision of outdoor seating, in the form of both loose seating (tables and chairs) and

masonry seats and planter box walls (see “fixed seating section” and ‘feature planter

section’ plan contained within Attachment 1.)

• Provision of onsite landscaping and ground cover, including a mixture of exotic and native

plant species, as well as gravelled and paved areas (see site plan contained within

Attachment 1).

• Formalisation (including repair) of onsite stormwater management – (to form part of a

reserved matter)

• Introduction of an ancillary Sunday Service

• The variation to existing hours of operation on Sundays

• An increased site capacity of up 280 people (Sunday Service Only)

• Removal of the previously approved ‘disco’ activity approved as part of development

application 490/221/98

• Provision of two (2) onsite car parks

Copies of the plans and documentation relating to this application are contained within

Attachment 1.

BACKGROUND (INCLUDING EARLY SITE HISTORY)

A chronological history of the site has been provided below:

1856 - 1897

Originally built as a Church (Place of Worship) in 1856c as the St. Andrew's Presbyterian Church,

“The Abbey” as it is commonly referred to today has had a number of land uses over its 160-year

history within Gawler.

Built as a church for the Presbyterians, historical literature regarding the Abbey references the

building as often consisting of congested congregations and public gatherings. The site and

building remained used by the Presbyterian Church until approximately 1967, when it was sold.

The sole building occupying the site initially contained a tall spire above the main entrance leading

into the building and was considered a local landmark. However, due to defective and inadequate

building foundations, the spire was required to be removed in approximately 1890.



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1970-1993:

In the late 1970’s, the existing building was converted to a restaurant and a night club (disco)

known as the ‘The Abbey’ and the ‘Bombay Duck’ and featured an elevated dance floor. The

restaurant and disco land use continued until approximately 1993, when the use appears to have

ceased for unidentified reasons.

1993 -1996:

Council records indicate that a number of Development Applications (DA’s) were lodged with

Council within the following years of the ceased land use, which included a food van operating on

the subject site and the establishment of an amusement (arcade machine) centre. Both of these

applications were refused by Council for reasons stated on the Decision Notification Form (DNF)

as “failing to comply with the relevant provisions outlined in the Development Plan”.

In 1996, a proposal was lodged by the land owner (with Council) seeking consent for “Additions

and Alterations” (DA490/138/967) to the existing building and to what can be assumed as re-

enacting the existing land use of a both a restaurant and disco (land use prior to 1993).

Following a review of the 1996 application, it appears evident that there was a dispute between

Council and the land owner with regards to the exact nature and extent of existing and lawful land

uses previously occurring on the subject land.

The Council and land owner at the time of considering the above application settled to enter into a

Land Management Agreement (LMA) in accordance with Section 57(2) of the Development Act

1993, intended for the management, preservation and conservation of land.

The LMA sought for the then subject DA (490/138/967) to be completed in its entirety and to the

reasonable satisfaction of Council, in exchange the Council agreed to recognise for all purposes

the lawful and existing use rights of the land being for the purposes of a ‘restaurant, reception area,

function centre and cabaret facility’.

Subsequent clauses within the LMA further recognised that the subject site shared existing use

rights for 280 patrons (220 internally and 60 externally) being allowed on the site at anyone time.

Hours of operation were limited to generally being 10:00am until 1:00am the following day and to

2:00am for 17 occasions per calendar year.

One of the Requirements of the LMA was that the the spire (removed in 1890) that once occupied

the site and building would be reinstated.



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Following approval and registering of the LMA, the development application was not enacted

(commenced) for reasons unknown to Council, however assumed to be in relation to costs

associated with the reinstating of the central spire.

1998 – (existing use):

In 1998, the owner after being approached by a local church and community group (stated within

letter to Council at the time), lodged an application with Council for a “Community Centre – in the

nature of a youth drop in centre” (DA 490/221/98).

From a report presented to the Economic and Community Services Portfolio Committee (ECSPC)

(assumed to be Councils delegated Planning Authority, similar to the current CDAP), the

fundamentals to the proposals and justification for approval in summary included:

• The proposal included utilising the existing premises for the purpose of establishing a

community centre in the nature of a youth drop-in centre.

• The intentions of the proposal included a multi-purpose community centre, including broad

range of early intervention programmes and support services for young people

• The centre was to be operated by ‘The Youth Centre incorporated’ which included the

participation of several Church groups and organisations operating within Gawler.

• Activities within the site were proposed to include areas for meetings, games, events,

administration and counselling.

• The premises were to be used for a disco and live band purposes, once a month.

• The site was proposed to be tidied where necessary and the existing building also painted

where necessary.

• The report acknowledged the existing use rights within the LMA and recognised that the

proposed land use would likely generate a smaller car parking requirement than what had

previously occurred onsite.

• The report also noted adjoining Council owned land adjoining the site which at the time of

consideration was vacant, that could be utilised for parking. This site now, occupies the

Council multi-deck carpark.

• A 100 patron limit (assumed to be imposed by the assessing officer) to the site is

considered appropriate and capped within the Council report; however how the 100 patron

limit was derived is unknown.

• The rescinding of the existing LMA was recommended as part of the report.



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The subject application was approved in July 1998, subject to 9 conditions.

A copy of the ECSPC Planning report is contained within Attachment 2.

A copy of the DNF and subsequent 9 conditions is contained within Attachment 3.

2016 – Current Development Application:

Prior to the lodgement of the current application before the panel, the land owner, the intended

tenants (Hope Chapel) and Council Staff met on a number of occasions to discuss the on-going

existing use right of the site as a community centre.

Generally, in accordance with Section 6 of the Development Act 1993, a new development

application is required to be lodged with Council to revive an existing land use that has ceased

(lapsed) for a time period greater than 2 years.

It was initially the opinion of Council that the existing land use had lapsed, since the previous

tenant (the Salvation Army) vacated the site in 2013. However, it was demonstrated by the

applicant that the land owner had actively sought to retain or continue the existing land use even

though the previous tenant had vacated.

Since approximately mid-2014, the intended tenant has been in discussions with the State

Heritage Branch and Council in order to renovate and occupy the site. In consideration of the

Environment, Resource and Development (ERD) court matter and other case studies considered

as part of the Lockleys Holdings (SA) Pty Ltd V City of Port Adelaide Enfield [2010] SAERDC

matter, it was determined that the existing use rights of a Community Centre still apply for the time

being.

DEVELOPMENT APPLICATION HISTORY

• 490/305/945 – Change of Use

• 490/461/945 – Change of Use

• 490/017/09 – Food Van

LOCALITY

The locality comprises an area that is mostly commercial in nature and characterised by buildings

of varying appearance and scale.



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NORTH • Large commercial building in the form of a shopping centre (Gawler Northern

Market)

• Large amount of ground level car parking

• Train station beyond

EAST • Commercial buildings ranging from approximately 1.5 to 2 storeys in height

• Whinnens Lane separates the subject site from adjoining allotments

• Whinnens Lane provides access to public multi-deck carpark (Council owned)

• Pioneer Park beyond

SOUTH • Public multi-deck carpark (Council owned) – 4 storeys in height

• Commercial buildings beyond including large shopping centre

• Ground level car parking

• Land situated below subject site

WEST • The Bushman’s Hotel – State Heritage listed place

• Light Square (Public Reserve)

• Residential dwellings beyond



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A locality plan is provided below:

SUBJECT SITE

The subject site is relatively rectangular in shape and has an area totalling approximately 1037m2.

The land shares two road frontages being approximately 21.67 metres along Cowan Street

(primary frontage) and approximately 50.44 metres along Whinnens Lane.

The topography of the site appears relatively flat, however gradually declines to the rear (south) of

the site. The topography of the locality beyond the rear boundary of the site is considerably lower

than the subject land, especially within the vicinity of the Council carpark.

The site is predominately bare (exposed soil) with an existing gravel driveway along the western

side of the building. Vegetation is limited to a few sporadic shrubs along the northern and eastern

side of the site and further a row of Melaleuca’s along the western boundary. A regulated palm tree

(to be retained) with a similar height to the sole building occupying the site is located on the

eastern boundary adjoining Whinnens Lane.

Built form on the subject land is limited to the existing building, situated approximately within the

centre of the subject land. The front half portion of the building consists of rendered elevations that

cover up the original stonework. The current rendered walls, are deteriorating and cracking within

several areas.

The south-eastern (rear) portion of the building remains un-rendered and the original stonework of

the building remains visible. Deterioration of the building is evident, with several large cracks

forming within the stone work and evidence of patch work being undertaken in the past.

Town Centre Historic (Conservation) Zone

Residential H

istoric

(Conservation) Z

one R

esidential Historic (Conservation) Zone

Council

Car park

Subject Site



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Later and non-original additions to the building exist on the rear south-western portion of the

building and are in state of disrepair.


This application was not required to be advertised pursuant to Section 38 of the Development Act,

1993.

The proposal was categorised as Category 1 in accordance with Schedule 9, 6(1)(h) of the

Development Regulations 2008, as the proposed development is located within a Town Centre

Zone, delineated within the Gawler (CT) Development Plan and not located on a zone boundary.

REFERRALS

External Referrals required by the Schedule 8 of the Development Regulations, 2008:

Referrals/Notice Advice/Response/Conditions

State Heritage State Heritage Comments are contained within Attachment 4

Internal Council

Referrals

Advice/Response/Conditions

Engineering Councils Engineering Department is satisfied to review and

condition a site stormwater management plan as a reserved

matter.

Internal Heritage

Advice

Council’s internal heritage advisor was unable to provide comment

regarding the subject proposal given that the subject site is located

within a State Heritage area.

In accordance with Schedule 8(5) of the Development Regulations

2008, all development other than development to be undertaken in

accordance with a Heritage Agreement under the Heritage Places

Act 1993 or in a River Murray Protection Area under the River

Murray Act 2003, development which directly affects a State

heritage place, or development which in the opinion of the relevant

authority materially affects the context within which the State

heritage place is situated must be referred to the Minister for

comment (or delegate being the State Heritage Branch).

Where Council does not adopt all recommendations or conditions,



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concurrence is required from the Development Assessment

Commission (DAC).

ASSESSMENT


The subject land is situated within the Town Centre Historic (Conservation) Zone, and more

specifically within the Light Town Centre Historic Conservation Policy Area. The following Town of

Gawler Development Plan Objectives and Principles of Development Control (PDC’s) were



Council Wide:

Appearance of Land, Buildings and the Public Environment

1

1, 4, 5, 6, 7, 9, 10

Aviation and Building Safety

2 11

Centres and Shops 5, 6, 7, 8 21, 25, 26

Commercial Development

9 30

Community Facilities Conservation

10 -

Conservation 12 33, 35, 36

Form of Development 20, 21, 23 47, 48, 52, 53

Infrastructure 33, 34, 36, 37, 38 83, 86, 87, 89

Interface Between Land Uses

39, 40 97, 98, 101, 102, 103

Natural Resources 48, 52, 53, 54, 55, 57, 58 127, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 151, 152, 154, 155, 160, 165

Regulated Trees 69, 70 207, 208, 209

Sloping Land 85 310, 311

Transportation and Access

81, 88 320, 322, 323, 325, 328, 329, 331, 334, 337, 338, 339, 342, 343, 344, 345, 346, 347, 348, 350, 351, 352, 353

Transportation (Movement of People

95, 96 359, 360, 361, 362, 363,



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and Goods) 364, 365, 370, 371

Waste 97 372, 373, 374, 378, 381, 382, 383, 384, 385

Zone:


1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14

1, 3, 4, 6, 7, 9, 10, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 29, 30, 40

Policy Area:

Light Policy Area

Desired Character, 1, 2

Tables Referenced TABLE Ga/1, TABLE Ga/2, TABLE Ga/3

Amendments to proposal since lodgment

The proposal presented to the Panel has been amended since initial lodgment with Council as a

result of ongoing negotiation between the applicant, Council Staff and the State Heritage Branch.

The following is a summary of alterations to the initial proposal:

• A glass entrance (atrium) has been removed from the proposal due to lack of support from

the State Heritage branch and associated costs for the applicant.

• The amount of hard sealed areas has been reduced around the building with increased

landscaping and the provision of compacted gravel.

• Bitumen surfacing to the site, outside of areas of landscaping has been removed and

replaced with paving and gravel to soften the appearance around the building.

• The number of proposed patrons for the Sunday Service has reduced from 300 to 280

patrons as per the previously recognised amount stated within the land management

agreement.

A copy of the initial proposed plans submitted to Council and accompanying documents is

contained within Attachment 5.

Nature of Development

Whilst considered in more detail further within the report, the proposed development seeks the

expansion to existing use community centre (ancillary Sunday Service – place of worship) and

upgrade to existing community centre (including demolition of non-heritage items).

The subject land is situated within the Town Centre Historic (Conservation) Zone, and within this

Zone neither land use (or expansion of) a ‘community centre’ or a ‘place of worship’ is listed to be a

complying or non-complying (PDC 40) form of development.



22

With regards to the demolition of non-heritage structures, Schedule 1A of the Development

Regulations 2008, states that the total or partial demolition of a building and associated structures

within a Historic Conservation Zone requires Development Plan Consent.

In consideration of the above and PDC 40 of the Town Centre Historic (Conservation) Zone within

the Gawler (CT) Development Plan:

Demolition of buildings and structures within the Town Centre Historic (Conservation)

Zone of the Gawler Development Plan, including the total or part demolition of the

frontage or side wall returns visible from the street or other elements visible from a public

place of an items listed in Table Ga/2 (State Heritage) or Table Ga/5 (Local Heritage)

items is a form of non-complying development.

Whilst the subject site is located within a State Heritage Zone, and lists the former St Andrew’s

Presbyterian Church as a State Heritage Item within Table Ga/2 (State Heritage Places), the

structures proposed to be demolished from the subject site are not original components of the

existing Church however, later(recent) unsympathetic additions. Therefore, in accordance with

PDC 40, the demolition of these structures is not considered to be a ‘non-complying’ form of

development. Accordingly, the proposal is to be assessed on its merits against the relevant

provisions of the Development Plan.

Land Use – Existing and proposed (Community Centre)

As previously stated within the background section of this report, as it currently stands, the site

shares the enjoyment of existing use rights of a “Community Centre – in the nature of a youth drop

in centre”. The lawful and existing rights of the site allow for the current landowner (or tenant) to

use the subject land, within the ambits of the existing approval and not require Development

Approval from Council.

As part of this proposal presented, the applicant seeks to use the site as a ‘community centre’ and

offer community services not being limited to youths only (all age groups).

Schedule 1 of the Development Regulations 2008, defines a “community centre” as “land used for

the provision of social, recreational or educational facilities for the local community, but does not

include a pre-school, primary school, educational establishment or indoor recreation centre”. The

definition does not constraint an age group for whom services are provided to, such as the case for

a ‘pre-school’ which states children at a younger than primary school age or at a ‘nursing home’



23

which the age of occupants is controlled under the Retirement Villages Act 1987 and are over the

age of 55.

In consideration of the above, the proposed youth programs to mature programs for both women

and men are considered to fall within the ambit definition of a ‘community centre’ and have no

planning consequence nor require a variation to the existing approval.

Land Use – proposed additional Sunday Service (Place of Worship).

With regards to the additional Sunday Service, it is considered that the proposed activity does not

fall within the definition of a community centre as contained within the Development Regulations.

Although it is noted that both the existing and proposed additional use are closely aligned and

provided by the same organisation, the Sunday Service cannot be considered an incidental use

(i.e. not requiring approval) in accordance with Schedule 3(5)(1) of the Development Regulations

2008.

Notwithstanding the above mentioned, neither the Development Regulations 2008 nor the South

Australian Planning Policy Library Terminology list 2011 provide a definition of a ‘place of worship’.

Therefore, referring to the dictionary means, the land use is commonly defined as ‘a building for

religious services, such as a church’. Given that the Sunday Service, is a religious service and will

be conducted from the subject land, the Sunday Service is considered to fall within the definition of

a place of worship.

Taking into account the argument put forward by the applicant, that the additional Sunday Service

will only occur on Sundays (1 day per week) and the fact that the land use is proposed within a

commercial centre (typically seeking such land uses) and is proposed within a building previously

constructed for the purposes of a church, the proposed Sunday Service is considered appropriate.

The proposal therefore accords with Town Centre Historic (Conservation) Zone with objective 1

(community activities within the Zone)

Demolition (Non-Heritage Items)

With regards to the proposed demolition works, the proposal seeks to remove non-heritage listed

items from the subject site and existing building. In detail, the items proposed to be demolished

include:

• The existing air-conditioning unit located on the external eastern side of the site (adjoining

Whinnens Lane);



24

• The existing internal bar area;

• The existing floor within the building

• The existing pitched roof area and linings associated with the existing kitchen;

• The internal and external walls, floor and fixtures of the non-heritage additions/extensions

added to the south-west section of the existing building.

In accordance with Section 37 of the Development Act 1993, the proposed demolition plan was

referred to the State Heritage Branch for comment. In considering the items to be removed from

the site, comments received were in support of removal of the mentioned items stating the sections

of the building to be demolished are later, poor quality constructions in deteriorated condition.

To ensure that demolition works do not have an adverse impact on the existing building, a

condition for a dilapidation survey recording the condition of the existing building shall be prepared

prior to the commencement of demolition works, to the satisfaction of Council in consultation with

the State Heritage Unit has been requested by the State Heritage branch to be included as part of

any Development Approval.

The demolition of later unsympathetic additions to the State Heritage item is appropriate in

accordance with PDC 21 within the subject zone.

Repair and Restoration Works to the Existing Building

As part of works proposed to the subject site, the existing building is proposed to be repaired

where necessary. The repair works to be conducted to the existing building includes:

• Existing cracks within the south eastern corner of the existing building (on both eastern and

southern building elevation) are proposed to repaired (by the method of chasing out cracks)

by a stone mason and re-mortared with lime mortar as per the original building and

construction process.

• The existing (non-original) render on the north-eastern corner of the building where flaking

off the walls will be re-rendered and existing quoins repaired.

• The existing columns to the entrance into the existing building will be professionally re-

rendered and repaired where required.

• Windows on the western building elevation, will be repaired by a stone mason whom will

again chase out all existing cracks, then re-render the cracked or flaking wall, quoins and

window surrounds.



25

The above mentioned works are considered by the State Heritage branch to assist with the

ongoing viability of the existing building.

The proposed repair work satisfies the relevant provisions of the Development Plan relating to

conservation and restoration of buildings, including both objective 7 and 12 of the Zone, which

seek the retention and restoration of all heritage items (places) that contribute to the historic

character.

New Hall Addition

In place of the proposed demolition of later additions to the existing building, the proposal seeks to

construct a new hall of approximately 173m2. The new hall is relatively smaller than the existing

structures proposed to be removed, which are approximately 247m2.

Situated approximately within the same area as structures to be removed, the new hall is

approximately 17 metres (long) by 11 metres (wide) with a roof pitch designed to match that of the

existing building (including a 4.79-metre-high external wall height). The walls are proposed to be

clad in ‘custom orb’ sheeting, with no window or openings proposed other than an access door on

the northern elevation. The interior of hall will provide new facilities which include four (4) female,

three (3) male and one (1) unisex disabled toilet.

The floor level of the new hall, will match the floor level of the existing hall located on the eastern

side of the building. Both the new and eastern side halls are situated approximately 200mm lower

than the front hall and main entrance into the building. To provide access to mobility impaired

users of the site, a 1 in 14 grade ramp is proposed to be provided linking the new and existing front

hall.

Colour and Finishes to Existing Building and Proposed Addition

The subject proposal seeks the following colour scheme to both the existing buildings (including

areas of repair), which were forwarded to the State Heritage Branch include:

• Roof - Steel roof sheeting - Custom Orb - Colorbond 'Galvanised' to the match the profile of

the existing roof;

• Roof Flashings - Colorbond 'Galvanised' to match the existing flashing;

• Gutters: Pressed Steel - Colorbond 'Windspray';

• Fascias: - To be repainted in Colorbond 'Windspray';

• External Walls: - The portion of the existing building that is currently rendered and painted

to be in Colorbond 'Shale Grey' with the quoins being repainted in Colorbond 'Windspray';



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• Doors: - Aluminium framed doors in the proposed New Hall will be Colorbond 'Windspray

• Existing Doors in the Existing Building to be repainted in Colorbond 'Windspray'

• Windows in the New Hall - Aluminium windows - Colorbond 'Windspray'; and

• Windows in the Existing Building to be repainted in Colorbond 'Windspray'

Whilst the colour scheme proposed is considered to be darker than the current colour scheme

which consists of light coloured render, the Development Plan policies are somewhat silent on

darker colours being used. In particular, PDC 17, 18 and 19 seek no primary or fluorescent

colours to be used within the Zone, other than areas such as signage, posts window frames and

new structures. It is considered that the proposed colours will not detrimentally detract from or

impact the historic significance of the State Heritage Place.


In accordance with Section 37 of the Development Act 1993, the subject development application

was mandatorily referred to the State Heritage Branch given that the building is within a State

Heritage Area (established within the Gawler Development Plan).

Comments received from the State Heritage Branch were in support of the subject proposal

(subject to conditions and reserve matters) and furthermore considered acceptable for the

following reasons:

• The proposed addition to form a new meeting hall is located to the rear of the site and

retains the existing former church building largely in its original configuration. The sections

of the building to be demolished are later, poor quality constructions in deteriorated

condition.

• The provision of new facilities will assist the ongoing viability of the building.

• The additions will have no adverse impact on the heritage values of the Gawler Church Hill

State Heritage Area.

• The glass entry enclosure has now been removed from the application

Site works including landscaping

A number of improvements to the overall amenity of the site have been proposed that includes

areas of seating and landscaping.



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Landscaping:

New landscaping has been proposed in order to soften and improve the overall appearance of the

land. In accordance with PDC 9, the landscaping proposed is considered to complement and not

mask or overwhelm the existing building, satisfying PDC 25(i)(ii) complementing and visually

enhancing the appearance of the zone.

The applicant, has sought the advice of Councils horticultural officer in relation recommendations

for tree plantings suitable for the site and in particular around footings of the old building. A list of

tree species used by the Council, which includes native and exotic species was provided to the

applicant including a list of Council planted street trees.

The street tree list includes trees that are planted by various Councils (including the Town of

Gawler), preferred due to the reason for low maintenance requirements, ability to grow within

confined areas, medium canopy spread, good drought tolerance and non-invasive root systems.

Landscaping improvements to the site include:

• 600mm high planter boxes will be constructed either side of the main entrance

(portico/foyer) area of the building and will consist of a mixture of plantings including native

and exotic grasses, plants and Ornamental Pear trees as feature planting.

• Two standalone planter boxes 1200mm (L) x 1200mm (W) x 600mm (H) to be constructed

in front of the building within the front outdoor gathering area that will also consist of a

mixture of plantings.

• A gravel area consisting of native grasses is proposed along the eastern side (in between

regulated palm and existing hall) of the building planted at ground level.

• A row of low shrubs along the boundary wall (eastern side) of the existing hall, within a

narrow passage along Whinnens Lane.

• Landscaping to the southern and western boundaries is proposed to consist of removing

the existing melaleuca trees (along western boundary with the Bushman’s Hotel) and

planting a row of ornamental pears. It is noted, that additional landscaping can be achieved

within the mulch areas and a condition for additional ground covers within these garden

areas has been recommended.

The mixture of plant species that includes native plants is considered to satisfy PDC 40, which

seeks the use of native species for landscape and screening areas.



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Seating:

In addition to landscaping, outdoor seating has been proposed for the subject site. This seating

has been provided in the form of 600mm high rendered masonry walls that provide both seating

and mini fence defining the front boundary.

Planter boxes previously mentioned are proposed to resemble the same design and the front

seating wall and provide additional seating within the landscaping areas previously mentioned.

Additional seating, in the form of loose café chairs and tables are proposed to be provided within

the front paved area in order to provide seating and an area for patron to socialise after the

proposed Sunday Service. This area is not proposed to be available to the general members of the

public and furthermore, will not operate as a café (although coffee will be available to patrons

attending the site).

The provision of seating is considered to satisfy the Gawler Town Centre Concept Plan Fig CoP/1

in providing an ‘active frontage’ to the subject land.

Site ground cover:

In association with the above mentioned works, the external areas of the site are to be paved or

graveled. In particular, areas for seating will consist of paving, whilst areas surrounding the building

(where not landscaped) will be graveled providing pedestrian access when required.

Initial plans sought for the site to be sealed with bitumen, however in order to improve the site

permeability and overall appearance, the applicant was requested to seek a softer overall ground

cover.

Hours of Operation (including removal of DISCO component from existing use).

The existing operating hours approved for the existing community centre are proposed to remain

as originally approved with DA 490/221/98. The approved hours of operation include:

• Monday to Thursday and Sundays 9:00am to 9:30pm

• Friday to Saturday 9:00am to Midnight

For the proposed Sunday Service, the operating hours are proposed to be amended to open at

8:30 am and concluded at 7:00pm, which is the time that the Council multi-deck car park is closed.

These hours are considered appropriate within the Town Centre Zone and are parallel with the

opening hours of the public car park where the majority of the site uses will likely park.



29

The applicant is also seeking to remove the ‘disco’ component approved as part of the existing

approval contained within DA 490/221/98, as this use is no longer required. The removal of this

component is of no negative impact to the site, locality or application.

Increase to Maximum patrons (Sunday Service) and Provision of Parking

A major consideration of the application relates to the proposed increase in patron capacity for the

Sunday Service (only) and the existing restriction limiting the site to no more than 100 people at

any one time.

The current proposal seeks to retain the 100-person limit at all times other than Sundays which

proposes an increase to 280 people. It is important to note, that the current Hope Chapel has

approximately 180 members and seeks to expand within the next few years. Whilst the church

seeks to operate a Sunday Service, it must be noted that Sunday Services are not likely to operate

for an entire day, and furthermore be conducted over a number of services throughout any given

Sunday. It is considered very unlikely for Church services to operate at full capacity for the duration

of a whole day. Services are likely to be offered at 2 – different times over the course of the

selected day.

Given that patronage restrictions on land typically relate to the availability of car parking; it is

important to establish the difference in car parking of each of the proposed uses on the land would

generate/require.

Based on Table Ga/1 of the Gawler (CT) Development Plan, a place of worship typically requires a

total 1 car park per 3 seats/people. On a maximum number of 280 people, a total of 93 car parks

would be required for the site. This rate is different to a community centre use, which currently

requires a rate of 10 car parking spaces per 100m2. It is noted, that the car parking requirements at

the time of the 1998 application assessment were 1 space per 10m2, which equates to the same

ratio as within the current Development Plan.

Taking into account the building footprint in 1998 which equates to approximately 547.2m2, 55

(54.7) car parking space would be required for a community centre use. In this case, it would be

argued that the site shares an existing 55 car parking credit that is required to be taken into

account as part any future proposal. This consideration is reflective of the ERD Court decision in

the matter between Stamopolous Pty Ltd V City of Holdfast Bay [2004], which held that when

determining car parking requirements for a new development, any shortfall in car parking

associated with the existing use is lawful and cannot be added to any shortfall created by the

proposed development for the purposes of a planning assessment. Similarly, the ERD Court found



30

that an existing car parking shortfall does not need to be rectified by a proposed development

(Carrabs Nominees Pt Ltd v City of Burnside [2003]).

Accordingly, when subtracting the required 93 car parks from the existing parking credit, this would

equate to 38 parking being required for the Sunday Service. These 38 car parks would typically be

required to be provided onsite or a contribution to be paid for each car park into Councils car

parking fund (as per Town Centre Historic Conservation Zone PDC 26 and 27). A summary of the

car parking requirements and existing shortfall are provided below.

Community Centre Place of Worship (Sunday

Service only)

Development Plan

Specified Rate

10 car parks per 100m2 1 car parks per 3 seats/people

Resulting Car Parking

Demand

No change as a result of

proposal

93

Existing Credit 55 (based on 547.2m2 floor

area)

55 (from Community Centre

Use)

Resulting Shortfall or

Surplus

No change to car parking

demand

Shortfall of 38

For the purposes of this proposal, a car parking study by ML Traffic Engineers has been provided

to warrant the increase of patrons to the site and demonstrate sufficient parking within the locality.

Whilst the report provided to Council incorrectly stated or assumed an existing car parking credit

for 100 parking spaces, it must be noted that the existing site cap restricts the site to 100 people. A

calculation of the building area, compared to the car parking rate for the existing use suggest a car

parking credit of 55 (as detailed above).

Notwithstanding the incorrect assumptions by the Traffic consultant, it is important to note that a

parking capacity survey was conducted by the consultant for the Council multi-deck car park. The

survey was conducted across three (3) Sundays in February 2016 to identify the availability of car

parking within Councils car park immediately south of the subject land within the typical hours the

Sunday Service would operate. The survey revealed that car parking demand within the Gawler

town centre Sunday was particularly low, with many office uses closed during Sunday trade. The

survey further concluded that of the 320 public car parks available within the multi-deck car park,

only approximately 10% of the car park were utilised. Whilst Council did not undertake an

independent review of the car parking survey, the findings of the survey concur with an Aurecon



31

car parking report presented to the Panel in July for a medical centre within the town centre. This

report concluded the overall use rate of the car park being less than 30%.

Referring to the findings of the current Gawler Town Centre Car Parking Strategy (currently in draft

format and not out on public consultation), a car parking review of the Town Centre was conducted

on a Thursday and Saturday period (considered the busiest periods for shopping). Within the

current findings of this report, it is noted that car parking within the Council multi deck car park at

its worst on a Saturday was 37% and with car parking within the car park in front of Woolworths

(Jacob Street) at approximately 78%.

In consideration of the above mentioned, the availability of car parking is not deemed to be of a

concern as there appears to be sufficient car parking available within Councils multi deck car park.

However, the issue as to whether a car parking contribution should be paid for the potential 38 car

park short fall needs to be considered.

In accordance with PDC 27, a car parking contribution can be paid into Councils car parking fund

for the amount of car parking short fall should a proposed development retain or achieve a desired

built form. The current car parking contribution rate within the Town Centre, equates to $7166 per

car park. Since the calculated shortfall in car parking equates to approximately 38 car parks, a total

sum of $272,308 would be payable. Given that the increase to capacity to the site is proposed for

one day a week only and relates to a community use, it is deemed unwarranted to seek such a

figure. Furthermore, there is limited scope to seek a lesser amount of 50% or another amount

considering other factors.

In assessment of the car parking short fall, a number of factors in the opinion of Council staff

should be considered. These include, the existing use rights of the site recognised within the LMA,

the frequency of the car parking requirements and the continued use and repair of the subject

building.

As previously mentioned, the 100-person cap on the site appears to have been determined by

Council staff (in 1998), however a detailed calculation of how this cap was derived is unknown. The

previous use on the land, as a restaurant and night club has been recognised by Council as

consisting of 280 patrons within an LMA. Irrespective of the fact that the registered LMA had not

been complied with and the building spire not restored, the LMA recognised that the existing site

had a historical capacity of 280. In the opinion of staff, the existing 280 patron limit should have

been considered in the assessment of the 1998 application or at least can be considered for this

subject applications given other reasons specified. It is noted that from a legal perspective, the



32

existing use rights of the site were never legally challenged therefore, up to Council discretion to

adopt as part of any new application.

In recognition of the existing use rights within the LMA, Council staff requested the applicant to

reduce the proposed patron increase on Sundays from 300 people down to reflect the historical

number stated within the LMA (280). Based on the documented existing use rights within the LMA

and history of the site not containing onsite car parking, argument exists for an increased patron

number to the site exceeding 100 people without the need to pay into the car parking fund.

In consideration of the frequency of the proposed Sunday Service, being limited to Sundays only

and at a time when car parking demand within the town centre is at its lowest, it is not deemed

warranted to seek a parking contribution for a duration with a high car park vacancy rate.

Further support is warranted for the subject proposal in lieu of providing or contributing for the lack

of car parking with regards to the site is returning to its initial use as a church, which the built form

component still strongly represents. Instead of the car parking contribution, the site is proposed to

be reused for its original purposes and also be restored to enable longevity of the existing historical

building. This is deemed to satisfy multiple objectives such as 12 seeking the retention and

preservation of State Heritage items and PDC seeking the reuse of heritage listed buildings.

STORMWATER

As part of the subject proposal, the applicant is proposing and is required to properly manage

stormwater generated on the site given the new works proposed. From the provision of photos

accompanying the DA and further site inspections conducted by Council, stormwater management

on site is considered to be in a poor and unmanaged state.

Cracked and disconnected pipes are evident throughout the site and within the existing building

exterior. At this stage given the uncertainty of Development Approval the applicant has requested,

that a stormwater management plan be made as a ‘reserve matter’ should the development

proposal be supported.

Stormwater management on the site will be required to satisfy both Council Development Plan

requirements and Australian Engineering standards. Given the topography of the site and the

nature of the existing buildings, it is not considered that the management of stormwater will be

problematic or difficult to achieve.



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CONCLUSION

The proposal seeks to recommence an existing community centre land use and establish an

ancillary Sunday Service (Place of Worship) on the subject land. In addition to the expansion to the

existing land use, the applicant seeks to undertake a number of site improvements that include the

demolition of non-heritage structures/items, constructing a new hall, undertaking repairs and

improving landscaping and general site appearance.

The proposed physical works associated with the subject application are considered to satisfy both

State Heritage and Council Development requirements and further assist in the longevity of the

existing building through the continuous use of the subject building and site.

The change in land use component, mainly the introduction of a Sunday Service seeks the

variation to existing site capacity restrictions that are related to the provision of parking (or no

physical provision of car parking).

In consideration of a number of factors, the history of the site, the recognised existing use rights

mentioned within a non-enacted LMA (and DA), the restoration of the building and continued use,

the frequency of the proposed service, in addition to the high availability of car parking in

comparison to the required car parking contribution fee, the development proposal on balanced is

considered to not detrimentally impact the amenity of the locality or be contrary to the desired

character of the Town Centre Historic (Conservation) Zone.

RECOMMENDATION




GRANTED to Development Application 490/151/2016 by TARIBA PTY LTD for EXPANSION

TO EXISTING USE (ANCILLERY SUNDAY SERVICE) & UPGRADE TO EXISTING

COMMUNITY CENTRE (INCLUDING PARTIAL DEMOLITION TO NON-HERITAGE ITEMS) at 8

Cowan Street GAWLER 5118, subject to the following conditions:

Reserved Matters – Council

The Council Development Assessment Panel requires the following matter which is reserved

pursuant to Section 33(3) of the Development Act 1993 to be addressed to the reasonable

satisfaction of Council staff:

1. A detailed Stormwater Management Plan shall be prepared and submitted to Council for

approval demonstrating but not limited to the following:



34

a) Stormwater detention for the site, limiting the 100-yr post development flow to the 10-year

ARI pre development flow;

b) The method of stormwater detention for the proposed site and car parking area; and

c) The finished levels of the site (including any subsequent retaining walls were required).

Reason for reserved matter: No stormwater management plans have been submitted

with the application.

NOTE: Council reserves the right to attach further conditions in relation to this.

Reserved Matters – Department of Environment, Water and Natural Resources

(DEWNR)(State Heritage Unit)

Pursuant to Section 33(3) of the Development Act 1993, the following matter/s should be reserved

for further assessment prior to the granting of Development Approval, to the satisfaction of Council

in consultation with the Department of Environment, Water and Natural Resources.

The following drawings shall be submitted for assessment once detailed design work of the rear

addition is undertaken.

a) An accurate site plan of the existing buildings showing the extent of demolition,

set-backs of the additions and any fencing.

b) A floor plan showing relative floor levels of the new building.

c) Elevations showing the proposed additions at the rear of the existing building, with

heights of existing and proposed works, finishes and colours of all external

materials.

d) Details of junctions between the proposed works and the existing building.

Reason for reserved matter: Insufficient details are described or shown on the

drawings submitted with the application.

NOTE: DEWNR reserves the right to attach further conditions in relation to this.

Council Conditions:

1. That the development is undertaken in accordance with Development Application No

490/151/16 the approved plans, details and conditions therein.

REASON: To ensure the development is undertaken in accordance with the approved

plans.



35

2. Except where varied by this consent, all other conditions, plans and details relating to

Development Application Number 490/221/1998 continue to apply to this amended

consent.


plans.

3. The subject land shall be maintained to the reasonable satisfaction of Council at all times.

REASON: To ensure the site is maintained in a reasonable condition.

4. The hours of operation for the hereby approved use shall be limited to the following periods:

• Monday – Thursday: 9:00am to 9:30pm

• Friday – Saturday: 9:00am to Midnight

• Sunday: 8:30am to 7:00pm

REASON: To ensure the operation of the approved use does not detrimentally impact

upon the amenity of adjoining properties.

5. The site shall be restricted to no more than 100 patrons (people) at any one time Monday to

Saturday.



6. The site shall be restricted to no more than 280 patrons (people) at any one time on

Sundays.



7. Containers, bins or receptacles used for the temporary storage of garbage, waste or refuse

arising from the premises, shall be located and/or screened from public view to the

reasonable satisfaction of Council.

REASON: To ensure the storage of waste does not detrimentally impact the amenity

of the locality.



36

8. The car park layout and dimensions shall conform to the requirements as set out in

AS2890.1: 2004 – Off street car parking.

REASON: To ensure the car parking area complies with the relevant Australian

Standard.

9. All vehicle parking bays shall be provided with wheel stops and the wheel stops shall be

installed prior to the occupation of the use hereby approved.

REASON: To ensure car parking areas are clearly delineated.

10. No materials, goods or containers shall be stored in the carpark or driveways at any time

unless otherwise approved by Council.

REASON: To ensure sufficient car parking has been provided on site.

11. External flood lighting shall be restricted to that necessary for security purposes only and

shall be directed and shielded in such a manner as to not cause nuisance to adjacent

properties.

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

12. All stormwater from buildings and paved areas shall be disposed of in accordance with

recognised engineering practices in a manner and with materials that do not result in the

entry of water onto any adjoining property or any building, and does not affect the stability

of any building.

REASON: To ensure stormwater is appropriately managed on site.

13. The proposed landscaping shall be established on the site in accordance with the approved

plan prior to the occupation of the site and shall be maintained and nurtured at all times,

with any diseased or dying plants replaced.


plans.



37

14. Site work, demolition work and building work shall be carried out only between the hours of

7:00am to 7:00pm Monday to Saturday. No work is permitted on Sundays, and as per EPA

requirements for work of this nature.

REASON: To ensure any works do not cause unreasonable amenity impacts of

adjoining properties.

15. During construction, precautions shall be taken to prevent the pollution of stormwater by

mud, silt, dust or other debris from the site in accordance with EPA Code of Practice for the

Building and Construction Industry.

REASON: To ensure no pollution or contaminants enter the public stormwater

system.

Department of Environment, Water and Natural Resources (DEWNR)(State Heritage Unit)

Conditions:

1) A dilapidation survey recording the condition of the existing building shall be prepared prior

to the commencement of demolition works, to the satisfaction of Council in consultation with

the State Heritage Unit (Department of Environment Water and Natural Resources).

Reason for condition: To ensure that any adverse impacts are identified promptly, so that

appropriate remedial measures can be implemented.

2) A complete schedule of colours and finishes shall be provided to the satisfaction of Council

in consultation with the State Heritage Unit (Department of Environment, Water and Natural

Resources) prior to undertaking that part of the works.

Reason for condition: Insufficient information provided.

General notes

1. Should Council not adopt the above recommendation in full, it will be necessary to obtain

the concurrence of the Development Assessment Commission before a decision is

conveyed to the applicant.



38

2. Any changes to the proposal for which planning consent is sought or granted may give

rise to heritage impacts requiring further consultation with the Department of

Environment, Water and Natural Resources, or an additional referral to the Minister for

application to vary the planning consent, or (b) Building Rules documentation that

incorporates differences from the proposal as documented in the planning application.

3. To ensure a satisfactory heritage outcome, Council is requested to consult the

Department of Environment, Water and Natural Resources in finalising any conditions or

reserved matters above.

4. In accordance with Regulation 43 of the Development Regulations 2008, please send the

Department of Environment, Water and Natural Resources a copy of the Decision

Notification.

5. Council is requested to inform the applicant of the following requirements of the Heritage

Places Act 1993.

(a) If an archaeological artefact believed to be of heritage significance is encountered during

excavation works, disturbance in the vicinity shall cease and the SA Heritage Council

shall be notified.

(b) Where it is known in advance (or there is reasonable cause to suspect) that significant

archaeological artefacts may be encountered, a permit is required prior to commencing

excavation works.

For further information, contact the Department of Environment, Water and Natural

Resources.

6. Council is requested to inform the applicant of the following requirements of the Aboriginal

Heritage Act 1988.

(a) If Aboriginal sites, objects or remains are discovered during excavation works, the

Aboriginal Heritage Branch of the Aboriginal Affairs and Reconciliation Division of the

Department of the Premier and Cabinet (as delegate of the Minister) should be notified

under Section 20 of the Aboriginal Heritage Act 1988.



39

Item Number 5.3


Author(s) Senior Development Assessment Planner (David Bielatowicz)

Applicant Town of Gawler

Owner Town of Gawler

Subject Land 89 – 91 Murray Street Gawler 5118

Lot: 78 PLN: 5535 CT 5841/170

Lot: 79 PLN: 5535 CT 5841/171

Lot: 80 PLN: 5535 CT 5841/172

Description of Development Additions and Alterations to an existing Community Centre (comprising of demolition of non-heritage items, building additions, internal reconfiguration and expansion of land uses within the existing Town Hall and Institute Buildings).


Policy Area Town Centre Light Policy Area


Previous Reference/Motion Nil



Recommendation Approval Subject to Conditions



Attachment 1 –

Attachment 2 –

Attachment 3 –

Attachment 4 –

Attachment 5 –

Attachment 6 –

Application plans

Previous proposal plans

State Heritage Response

Heritage Management Strategy

Traffic and car parking report

Stormwater management plan

PROPOSAL

The following development proposal seeks Development Plan Consent for the expansion

(additions) to the existing Gawler Town Hall, internal alterations (refurbishment) and

reconfiguration of the existing Gawler Town Hall and Institute buildings and the the expansion to

the existing land use.



40


• The demolition of non-heritage items both the exterior and interior to the subject buildings

• Conservation works – including tanking (waterproofing) of external walls

• Structural repair/upgrades – including the reinforcing of floors

• Upgrade of building services to the existing buildings – upgrade of fire safety provisions

• Minor expansion to the basement level

• Expansion to the ground level

• Expansion to the mezzanine level – including the provision of a delivery area

• New central axis spine / atrium extending from lower ground to first floor, uniting /

connecting both the Gawler Institute and Town Hall buildings as well as providing new

entrance points to the site from both Murray and High Streets.

• Reduction in staff office area (Civic Administration)

• Provision of an ancillary cafe, kitchen, new toilets facilities, storage areas and a Digital Hub

facility

• Expansion of the existing public library

• Conversion of the Council Chambers into a Heritage Gallery

• Conversion of the existing community use areas within the basement level of the institute

building to a Cultural Heritage Centre and staff offices.

• Upgrade of the existing basement meeting rooms within the Town Hall adjoining the Gawler

Club.

• Provide a link between the two basement areas of the Institute building and Town Hall.

• Conversion of the the existing High Street Hall into the Youth and Gaming Centre and

providing a delivery and service area to the extended mezzanine floor.

• Provision of a pedestrian link between Murray Street and High Street from the ground to the

mezzanine floor.

• Conversion the existing Institute Halls and function rooms on the first floor to larger

multipurpose halls, Council Chambers and video conference facilities.

• Conversion of the existing first floor Council offices to additional meeting rooms

• Provision of new facilities and amenities (toilets, lockers and bike storage).

• Upgrade to stormwater management

A copy of plans and associated documentation is contained within attachment 1.



41

PROPOSAL BACKGROUND

The following development application involves the redevelopment of the existing Gawler Town

Hall and Institute buildings and is a project being undertaken by the Town of Gawler to create a

new dynamic ‘Cultural hub’. The project has been widely publicised and is commonly referred to as

the Gawler Connect Project.

After a successful Federal Funding Bid in 2015, as part of the National Stronger Regions Fund, the

two buildings are envisaged to become economic drivers for the greater Gawler Region and are

predicted to create over 350 direct and indirect jobs.

The project vision is to transform the iconic State Heritage listed Gawler Town Hall and Gawler

Institute buildings through a combination of adaptive reuse and conservation to create an

architecturally significant hub for Government, Economic and Social Enterprise that will act as the

renaissance catalyst for the Gawler CBD to take its place as the cultural and business centre for

the greater region.

The redevelopment will transform into a cultural centre and digital hub of Gawler, an

entrepreneurial centre for start-up businesses and a learning centre for local residents and

businesses to understand the economic power of broadband technologies that run over the NBN.

The initial proposal prior to the lodgment of this subject application incorporated a large Council

administration component which contained the majority of Council staff being accommodated

within the redeveloped buildings. Due to the staffing spatial requirements, the initial proposal

included a four (4) storey component to the rear of the Town Hall adjoining High Street which was

considerably higher than the Institute Building.

In 2016, the Council acquired the former Gawler TAFE facility from the Minister for Employment,

Higher Education and Skills where the majority of Council administration will relocated. A change in

land use application was lodged with the Development Assessment Commission in July 2016 and

Development Approval is anticipated to be granted in the not so distant future.

A copy of the initial proposal is contained within attachment 2.

SITE HISTORY

The Gawler Town Hall and Gawler Institute buildings were initially two separate buildings

constructed (and remaining) on separate Certificates of Titles.

The Gawler Institute Building was the first of the two buildings built in 1870 and opened in 1871,



42

and is known to be the centre for literary, cultural and educational activities within the Gawler

township since its very foundation.

The Institute building is considered to have made significant contributions to culture within South

Australia, as well as being a symbol of Gawler’s desire for culture, learning, improvement,

community and civic spirit.

The Gawler Town Hall which was built and opened in 1878, has continuously remained Gawler’s

Town Hall since its construction 138 years ago and is considered to symbolise the early ambitions

of the Gawler community for self-government and regional centre status within the state.

Since both buildings foundations were laid, the buildings have remained mainly intact however, two

major additions to the existing buildings have been undertaken in more recent times. Firstly, in

1931 a two storey red brick extension was added to the Institute building and secondly a single

storey extension to the rear of the Town Hall forming Councils administration offices in 1984.

In 2010, the Institute Building was upgraded which included the installation of a new disability

access lift, structural upgrades, the installation of a new kitchen (first floor) and the remodeling of

the main entrance from Murray Street.

In addition to the above, the existing buildings have overtime experienced a number of alterations

and additions necessary in order to service and maintain the requirements and function of the

ongoing uses (Community Centre, Council Administration etc.).These alterations and additions are

considered to be ‘intrusive and detrimental to the heritage values of the site’.

A detailed table of the site history of both buildings is provided within attachment 3, which is an

extract from a Heritage Management Strategy (August 2015) complied for the project.

LOCALITY

The locality comprises an area that is mostly commercial in land use, characterised by buildings of

varying appearance and scale and is considered to be the core of the Town Centre. Several

buildings within the locality are listed as being of State significance (Heritage listed) and contribute

to the street/town character.


NORTH • The site adjoining the subject land consists of a two-storey State Heritage Place,

used as a bank (ANZ Bank). The building was built in 1873 and the appearance

of the building is of a similar architectural style to the Gawler Town Hall and



43

Institute buildings.

EAST • High Street adjoins the rear (east) section of the site.

• High Street is a typical secondary route or bypass for Murray Street.

• Residential dwellings of mixed character (including Local Heritage Status), are

contained on the high side of High Street, overlooking the Town Centre.

• One modern single storey commercial building exists to the south east of the site.

This building is currently used as one of Councils administration offices (IES) and

federal services such as Centrelink and Medicare.

SOUTH • The site immediately south of the subject land consists of a State Heritage Place

which has recently undertaken a redevelopment. A new building addition

consisting of a bank (Westpac), offices (job agencies) and retail activities (Cibo

Coffee) has been built in between the Gawler Town Hall and the Golden Fleece

Hotel (built c1839 - formerly the Old Spot Hotel). The Golden Fleece Hotel and

associated extension are both two storeys in height (similar height to the Gawler

Town Hall).

• A multilevel car park associated with the hotel exists to the rear of the site

accessed from High Street.

WEST • Murray Street (main road through the town centre) runs along the western

frontage of the site.

• A variety of commercial buildings exist directly across from the subject site, all of

varying age, appearance and heights.

• A State Heritage place exists directly across the road from the subject land. The

building was constructed in 1881 and is currently used as a Bank (NAB). The

architecture is of a similar style as several other state heritage buildings within

the immediate locality.



44

A Locality Plan is provided below:

SUBJECT SITE

The ‘subject site’ forming the development area of this development proposal currently consists of

three separate allotments, each of which is briefly summarised accordingly:

89 Murray Street, legally identified as Lot 80 contained within Certificate of Title (CT) Volume

5841, Folio 172. The land is occupied by the Gawler Town Hall, a State Heritage Place, on an

allotment of 752m2

in area. The existing building onsite is a stone masonry two-storey building with

basement fronting Murray Street. The rear of the building contains a later single-storey brick

masonry addition. The subject building is presently used for Council Administration offices, the

Council Chambers and the Gawler Club (Community based organisation).

91 Murray Street, legally identified as Lot 78 and 79 contained within Certificate of Title (CT)

Volume 5841, Folio 172. The land is occupied by the Gawler Institute Building, a State Heritage

Place on allotments totaling 1066m2

in area. The existing building onsite is also a stone masonry

two-storey building with basement fronting Murray Street. The rear of the building contains a later

two-storey brick masonry addition. The subject building is presently used for the library and

institute (multi-use) halls.

A small graveled car parking area exists to the rear of the northern portion of the Institute building

(contained on Lot 78). The car parking are provides 3 car parking spaces and an SA Power

Networks transformer).



45

RELEVANT AUTHORITY

Pursuant to Schedule 10, part 2 (Council Development) of the Development Regulations 2008, the

Development Assessment Commission (DAC) is the relevant authority for all Council development

where development involves:

• The construction or change of use to a hotel, tavern, tourist accommodation, an

entrainment complex, cinema or hospital

• The construction or change in use to a shop or office or a form of industry

• The construction or change in use to a number of dwelling types

• Development involving the division of land that creates more than 4 allotments.

With reference to this Schedule and consideration of the proposed development, the subject

proposal involves the expansion and addition to an existing community centre which is not included

within any of the criteria outlined above.

Whilst the proposal involves some form of office accommodation, these office components are

existing and furthermore the total office area within the updated proposal is being significantly

reduced.

Due to the reduction in area of the office space component, it is considered that the development is

not required to be assessed by DAC as the proposal is not for the construction of change in use to

office.

It is important to note, that Councils previous proposal which included new office accommodation

(significant increase) was required to be assessed by DAC, given the significant expansion of this

listed use. Through the lifespan of the project (initial proposal and current) DAC have been

consulted with on a regular basis by the projects architect and project manager. DAC have

advised that due to the reduction in office area, Council can proceed with assessment of the

application. Accordingly, the proposal is presented to the Panel for a determination.



1993.



Zone, delineated within the Gawler (CT) Development Plan and not located on a Zone boundary.



46

REFERRALS



State Heritage Branch State Heritage Comments are contained within attachment 3.

Internal Council Referrals


Engineering No advice provided – Stormwater management plan to form part of condition.

ASSESSMENT


At the time of lodgement, the subject land was within the Town Centre Historic (Conservation)

Zone, and more specifically within the Light Town Centre Historic Conservation Policy Area. The

following Town of Gawler Development Plan Objectives and Principles of Development Control

(PDC’s) were considered in the assessment of this application:


Council Wide:


1

1, 4, 5, 6, 7, 9, 10


2 11



9 30


10 -



Infrastructure 33, 34, 36, 37, 38 83, 86, 87, 89


39, 40 97, 98, 101, 102, 103




47

Regulated Trees 69, 70 207, 208, 209



81, 88 320, 322, 323, 325, 328, 329, 331, 334, 337, 338, 339, 342, 343, 344, 345, 346, 347, 348, 350, 351, 352, 353

Transportation (Movement of People and Goods)

95, 96 359, 360, 361, 362, 363, 364, 365, 370, 371

Waste 97 372, 373, 374, 378, 381, 382, 383, 384, 385

Zone:


1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14

1, 3, 4, 6, 7, 9, 10, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 29, 30, 40

Policy Area:

Light Policy Area

Desired Character, TABLE Ga/1, TABLE Ga/3

1, 2

It is important to note, that whilst the subject proposal is a major redevelopment of the iconic

Gawler Town Hall and Institute buildings, the fundamental planning merits of the proposal involve

assessment and consideration of the matters:

• Land Use

• Heritage Considerations

• Built Form Considerations

• Provision of Car Parking

The internal works (including demolition) have been considered by the State Heritage Branch. The

proposed works are considered acceptable and do not jeopardise or diminish the integrity of the

State Heritage Items. Given the limited planning implication (as not seen from the street) the

impacts and subsequent assessment of the proposal has been limited to predominately the

external elements of the proposal.


Current land uses:

The proposed development primarily consists of additions and alterations to the existing Town Hall

and Institute Buildings in the form of a ground floor, mezzanine and first floor addition (extension)



48

to the rear of the Town Hall, and a new building connection unifying both buildings as one. In

addition to the built form element, the proposal includes expansion to the current land use.

Since the opening of both buildings in the c1870’s, they have remained solely for provision of

cultural, social, community and government services for the Gawler community and wider region.

The existing Gawler Town Hall and Gawler Institute Building are presently used for the generalised

purposes summarised as:

• Council administration offices

• Public library (including heritage rooms)

• Council Chambers (including meeting rooms)

• Community hall and function rooms

• The Gawler Club (meeting hall/club room)

• Meeting Rooms and Halls

Schedule 1A of the Development Regulations 2008, defines a Community Centre as land used for


include a pre-school, primary school, educational establishment or indoor recreation centre.

The South Australian Planning Policy Library Terminology list 2011, further defines such uses as a

community hall, a civic centre, a public library, clubrooms/meeting rooms/halls also all within the

category and for planning purposes within the definition of a community centre.

In consideration of the existing land use, it is deemed that the use of the subject land is one of a

community centre and furthermore not listed as non-complying with PDC 41 of the relevant zone.

Proposed land uses:

Through the reconfiguration of the existing internal building layout and proposed additions, a

number of existing uses are planned to be increased in area (open plan), modernised, with new

facilities and technology (i.e. Library Services etc.). Further a number of new uses are envisaged to

be provided within the existing site and building(s). These new uses and associated activities are

summarised and specifically include:

• A Digital Hub:

A dedicated area that will provide modern community facilities and technology in order to

facilitate:

o Equitable access to space, technology and resources that will improve the digital

literacy for Gawler Residents and businesses



49

o Telework spaces

o Entrepreneurial support, training and coaching

o Small and medium sized enterprise (SME) and single office, home office start-up

support.

• A Youth Centre

Relocation of the existing service from the Gawler Sports and Recreation Centre, which will

provide an area dedicated to providing support, assistance and youth development

programs for the youth of Gawler and wider region.

• Cultural Heritage Centre

An area dedicated to displaying and presenting the culture and history of the Town of

Gawler.

Such new uses listed above are considered to all be community focused activities/land uses that

will be provided by the Town of Gawler. These additional uses are considered to fall within the

ambits of the existing land use of a Community Centre and furthermore, the expansion is not listed

as non-complying within PDC 41 of the relevant Zone.

Whilst the proposal and associated plans indicate an area to be used as a ‘café’ (including kitchen

and seating area) within the ground floor component of the Town Hall, the café use is not intended

to be a standalone cafe. The intent of the café is an ancillary or incidental use to the primary

community use of the land, in so much that the café will offer café facilities for users of the site.

The café is not intended to become a designation café (or an independent generator of

visitors/patrons). These types of ancillary café uses are becoming a common occurrence within

numerous developments and are typically located within new bulky goods hardware stores and

The City of Charles Sturt and City of Burnside Council have also incorporated this use within their

Council Offices. In accordance with Schedule 3 Part 5(1) of the Development Regulations 2008,

the use of any land which is ordinarily regarded as being reasonably incidental to a particular use

of the land and/or building (i.e. community centre) does not constitute development. Accordingly,

the establishment of the café use outside this development proposal would ordinarily be regarded

as incidental and as such, would not require Development Approval.

The associated kitchen area is proposed to enable both use of the café and serve as a functioning

kitchen for functions, events, meetings and conferences that may be undertaken in the building



50

Notwithstanding the above mentioned, although not deemed a separate use on the subject land, a

café is not listed as non-complying within PDC 41 of the zone.

Demolition:

Zone principle 41 of the Town Centre Historic (Conservation) Zones, lists:

Demolition:

1. (i) in total; or

2. (ii) of the frontage or side wall returns visible from a street or other elements visible from a

public place

of a place listed in Table Ga/2 or Table Ga/5, as non-complying development.

It is noted that both the Gawler Town Hall and Institute building are both listed within Table Ga/2 as

State Heritage Items (buildings). The subject proposal seeks to demolish some non-historic and

unsympathetic elements of the buildings which includes:

• All works identified within the Heritage Management Strategy (August 2015) as ‘intrusive’ to

the heritage values of the subject buildings. These items to be demolished are summarised

as:

o The external fire exits (and stairs) and internal lift and kitchen area within the

basement floor

o The external fire exits (and stairs), internal lifts, stair case, toilets facilities and

Council administration offices from the ground floor.

o The external fire exits (and stairs), internal lifts, stair case, ante-room and toilet

facilities within the James Martin Room on the first floor.

• Demolition of internal non-structural or non-heritage significant internal walls in order to

allow internal works and refurbishment.

As such, in consideration of the non-complying provisions contained within the Zone, the proposed

demolition works do not include the total demolition of either building nor the demolition of frontage

or side wall returns visible from a street or other elements visible from a public place. It is therefore

deemed that the proposed demolition works are not non-comply development under PDC 41. It is

further noted that PDC 21 of the zone supports the removal of unsympathetic (later) additions that

do not contribute to the historic character or place.



51

Land Use

Objective 1 of the Town Centre Historic (Conservation) Zone, seeks that the zone be the principal

centre and focus for retail, business, community and entertainment, further being strengthen by the

Zone’s policy area desired character statement emphasising [the] of land should be specialist and

major retailing, civic and public administration north of Calton Road and offices, tourist,

entertainment and recreation facilities south of Calton Road.

The proposal seeks to maintain the existing land use as a community centre, of which ‘Civic

community and cultural use[s]’ and cafes (although incidental) are identified as an appropriate uses

or desired use within the Zone. In addition, the proposal satisfies Objective 2 of the Zone seeking

uses and activities serve the need of the community and those attending the area.

State Heritage considerations

In accordance with Section 37 of the Development Act 1993 and Schedule 8 of the Development

Regulations 2008 the subject proposal was referred to the State Heritage Branch as works

proposed within the subject redevelopment in the opinion of Council (the relevant Authority)

materially affect two State Heritage listed Items (listed within Table Ga/2). The State Heritage

Branches role included assessment of the overall design of the redevelopment, the proposed

demolition and conservation works and impact of the said works on the Historic context of the

listed items.

Whilst formal correspondence received from the State Heritage Branch directly relates to the

current proposal, it is important to note that pre-lodgment advice was sought for the original

proposal (no DA lodged) by the Gawler Connect Project Team managing the redevelopment.

In consideration of the current proposal, the State Heritage Branch has indicated full support for

the redevelopment of both State Heritage buildings (subject to conditions) for a number of reasons

that in summary include:

• The demolition of internal walls involves the removal of building components of lesser

significance. • Proposed openings within the north wall of the Town Hall and Southern wall of the Institute

provide full accessibility to all internal areas through ramps, walkways and lifts.

• The proposed and required building conservation/restoration works have been prepared by

experienced conservation architects.



52

• The new additions, in particular to the rear of the site are considered modest and with a

maximum height similar to the front peak of the Town Hall (well below the main roof ridge of

the Institute Building).

Conservation Works

As part of the redevelopment project, a Heritage Management Strategy (August 2015) and Gawler

Connect Dilapidation Audit (August 2015) was conducted and developed by Catalyst on behalf of

Council. Both studies (closely interrelated to one another) concluded that significant changes have

occurred over the history of both buildings, in order to meet land use requirements as well as to

service the building (i.e. power data, toilets, etc.).

The reports note that recent works have been undertaken in isolation from one another (as

opposed to the subject proposal) which would have likely resulted in limited alternatives opinions

being available (as the works were targeted at a specific need). This was further restricted to the

perceived user needs and budget constraints.

The accumulative effect of previous building modifications has in time also contributed to increased

maintenance issues such as stormwater management, pest and vermin infestations (termite,

pigeons etc.), all of which combined have significantly contributed to the deterioration and damage

to both Heritage listed buildings. As a result, severe damage has been caused to structural timber,

stone masonry, and rainwater goods (gutters, stormwater pipes).

In conclusion both buildings are currently considered to be in very poor condition leading to

extensive conservation and management works being required as part of any redevelopment

proposal.

The proposed redevelopment includes extensive conservation works and seeks to retain, restore

and improve the Heritage Buildings which is sought within Objective 5 and 7, as well as PDC 13

and 15 that seek the protection and reinforcement of historic character and the

retention/restoration and adaptation of existing desired building stock.

Full conservation details in addition to the proposed conservations works are detailed within the

Heritage Management Strategy (August 2015) contained within attachment 4.

Built Form

Whilst the State Heritage Branch is in support of the proposal, the following assessment has been

undertaken with regards to Councils Development Plan.



53

The proposed new building additions to the existing Town Hall and Institute Buildings are

considered to be well designed and of contemporary architecture, as sought per Table Ga/3. This

table seeks development within Historic Conservations Zones to be sympathetic through

contemporary design in lieu of replicating historic detailing and features. Whilst the visual examples

contained within the subject table are predominantly focused on residential development, the

design intent seeks a clear distinction between old and new can readily be applied to the subject

proposal.

Building Materials:

The new additions are anticipated to be constructed from the use of a number of materials that

include tilt up concrete panels, glass, steel, aluminium, corrugated sheeting which are all present

materials within latter and existing (including heritage) buildings within Murray Street and the

immediate locality (satisfying Table Ga/3).

Central Axis Spine:

A key new building element to the proposal is the introduction of a central axis spine (as defined by

the architect) or central atrium that unifies (joins) the existing Town Hall and Institute buildings.

The central spine is to be constructed in between the two existing buildings and comprises of glass

facades to both street frontages (Murray and High Street) and is clad on the external southern side

with corrugated metal panels. The structure is to be constructed to the height of the Institute

Building parapet and set in away from the both street boundaries (Murray and High Street),

maintaining a visual break between the two buildings.

In addition to providing an internal link between both buildings, the central spine will provide

pedestrian linkages between both Murray and High Street through an internal passage of the

building. In consideration of the design of the central spine, it is considered to provide clear and

legible entrance into the building from both street ends. This pedestrian access that currently does

not exist for the general public is considered to satisfy PDC 1 of the zone that seeks pedestrian

connections and thoroughfares to Murray Street.

The provision of glass to the facades of the spine, in addition to windows along the top of the spine

above the Town Hall will allow for voids to be created within the internal floors of the building,

allowing natural light to filter between all floors. This is considered to satisfy PDC 25(n)(vii) which

seeks buildings to be designed to minimise the need for energy consumption including lighting.



54

Additionally, the internal walls of the spine are proposed to retain the exposed stone walls of the

two heritage buildings promoting a strong sense of heritage within the new internal building

configuration.

Building Addition – Ground, Mezzanine and First Floor:

With regards to the new building addition (located on the ground, mezzanine and first floor

component) to the rear portion of the Town Hall, the scale of this addition is considered to be

equivalent of the existing Town Hall and lower than the spine of Institute building. The height of the

addition is not considered to be dominating and matches the height sought within the desired

character of the Zone Policy area, which seeks buildings to be no higher than the existing buildings

on site (in particular buildings of Heritage value).

The design of the new building additions to the rear is further considered to somewhat activate and

provide visual interest to the rear High Street elevation. Currently this streetscape is made up of

the rear of buildings, service areas and car parking along the majority of the western side of High

Street.

On the ground floor, a delivery area with a sliding door consisting of aluminum slats is proposed

providing delivery access directly to a delivery receiving area and lift internally. The rear wall of the

ground floor addition is proposed to consist of a rendered wall and double doors screening building

services such as boosters. In consideration of the design of the ground level component, it is

deemed to satisfy PDC 13 seeking complementary development and PDC 15 seeking

enhancement of existing streetscapes.

The first floor of the new addition is proposed to be glazed and overlook High Street from the new

digital hub area internally. Windows within the first floor extension are proposed to be set behind

vertical aluminum slats, which provide visual interest and some shading to the building internally.

With respect to the overall appearance of the rear elevation, the rear facade dynamically improved

and activates the High Street frontage satisfying Objective 4 of the Zone seeking enhanced

amenity for pedestrians. Furthermore Objective 9 seeking a built character that presents articulated

facades to the public street and enhances public spaces is also deemed satisfied.

Boundary wall:

The boundary wall of the new ground floor up to the first floor additions (shared with 77-79 Murray

Street) is proposed to be constructed from tilt up concrete in order to provide fire rating as required

by the National Construction Code (NCC). The walls have been amended to include control joints

imprints creating a rectangular/boxed pattern along the wall in order to provide some visual interest



55

and break up the appearance a blank wall. This is considered to satisfy PDC 5 which seeks

building features required for functional reasons to be minimised and improved through building

forms and facades.

It must be noted for clarity that although the entire southern wall has been shown on elevation

plans, the majority of boundary wall be obscured by the adjoining building and top deck of the

multi-level car park located at 77-79 Murray Street. Only a small portion of the wall will be visible

from High Street and the adjoining private car parking.

Murray Street Impact:

From a streetscape perspective in particular from Murray Street, the majority of the building

addition to the rear of the site will not be seen other than the central spine. Whilst the rear building

additions are evident on elevation drawings provided as part of the development application, these

components are setback some 20 metres behind the façade of the Town Hall and likely not to be

visible from a pedestrian streetscape point of view.

As mentioned previously the entrance into the building will be set in from the main street frontage

satisfying Objective 5 seeking the protection of historic value and Objective 9 maintaining

individualistic built character comprising separate, discrete visual components with common

unifying architectural elements.

Mechanical Plant Screening:

In accordance with PDC 6, mechanical plant services where possible have been all centrally

located on the roof of the new building addition and further screened from all angles by aluminum

slats in keeping with the lower level sliding door and first floor window paneling. The service area

has been kept as low as possible which ensures that the original roof of the Institute remains a

dominant feature.

Light Wells:

In order to provide light to the basement level, as well as control moisture from the existing

basement area, two light wells have been provided along the majority of the Institute boundary and

along the distance of the original Town Hall along the southern boundary.

The provision of the light wells is considered to also satisfy 25(n)(vii) seeking buildings to require

less lighting, however also satisfies Objective 5 which seeks Historic buildings to be protected.

Both light well areas are to be encompassed by a mini retaining wall to limit surface water entering

the void beneath and balustrade fencing to limit pedestrian access and provide protection. Whilst



56

the side walkway along the northern boundary of the Institute Building is to be narrowed due to the

provision of the light well, a clear 1200mm path/fire escape (access) is proposed to be maintained

along the boundary.

Internal Works

The following is a summary of proposed works on each relevant level of the existing buildings. It

noted that the majority of the internal work proposed is a State Heritage or Building Code matter

with minimal or no planning consequence (consideration) unless relating directly to a planning

matter such as land use. The majority of planning considerations concerning to this proposal

relate to the external components of the development.

All Floor Levels:

• Demolition is proposed of all works identified within the Heritage Management Strategy

(August 2015) as 'intrusive' to heritage values;

• Conservation works and repair works are proposed to all building elements identified within

the Heritage Management Strategy (August 2015) as 'Exceptional' and 'High' heritage

value.

• Adaptive Re-use works are proposed to all building elements identified within the Heritage

Management Strategy (August 2015) as 'Moderate' and 'Some' heritage value;

• Removal of all existing non-original building services is proposed with the upgrading of

building services throughout (mechanical, hydraulic, power / data, fire);

• Structural upgrade works necessary to achieve compliance with the current Building Code

of Australia, and standards, including earthquake protection;

• Upgrade works deemed necessary to meet current National Construction Code (NCC)

requirements are proposed (including dispensations as applicable to mitigate any adverse

impact to building heritage values).

• The interior layout of the building is proposed to be fully DDA (Disability Discrimination Act)

compliant to all areas of the buildings and site.

• The internal configuration of the building has been designed to be flexible with the ability to

adapt as the use of the building changes in the future providing flexibility and efficiency.

Basement:

• The existing stair case to the Gawler Club room is to be removed and an additional area

excavated to the rear of the club room and in between the Town Hall and Institute

basement.



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• The new excavated area will provide room for:

o A new circulation place between the Town Hall and Institute

o A new DDA (Disability Discrimination Act) compliant ramp is to be installed

providing access to the basement area.

o New toilet, kitchenette facilities

o New staircase and voids to upper levels for natural lighting

o Tanking (waterproofing) of all external masonry walls

• The provision of a light well court on the northern side of the Institute building to allow

natural light

• The provision of a light well court on the southern side of the Town Hall building to allow

natural light

• The provision of a new concrete floor and new waterproofing (tanking)

• Conversion of the existing six (6) meetings rooms (available for community hire) within the

Institute basement to one open office space for Council staff with a kitchen/utility area.

• The institute basement room its self will become both a Cultural Heritage Centre consisting

of also a research room and heritage storage room. This is not considered to be a change

in land use and remains as a community centre use.

• The two (2) of the six (6) existing small rooms currently used as meeting rooms adjoining

the Gawler Club room are proposed to create an access corridor and storage room. The

remaining four (4) rooms would be retained as meeting rooms however offer a slight

reduction in floor area.

• The existing Gawler Club room would remain unaltered.

Ground Floor (Murray Street):

• A small number of internal dividing walls are proposed to be removed within the existing

library area to create a flexible open floor plan. The library currently of 341m2 will increase

in size to 412m2 in order to be able to function more efficiently and effectively. The purpose

of the library expansion is to improve services for current users rather than increase user

numbers.

• A new concrete floor separating ground basement is proposed to be installed.

• The existing historic Reading Room and associated Ante-Room are to be retained

• Existing Council administration offices and toilet facilities are to be removed to create an

open area that consists of a small ancillary café and seating area. This area in addition will

contain computer terminals (Technology Hub) for public use. As mentioned previously, the



58

café is not an intended customer generator; therefore no increase in car parking demand

would occur.

• Voids to the lower level and new stairways are proposed within the open area of the café

and technology hub

• The Council Chambers are to be relocated to the first floor, with the current room being

converted into a Heritage gallery. Both uses are considered to be community uses therefore

result in no change in land use.

• The current rooms used as offices by the Mayor, Chief Executive Officer (CEO) and

personal assistant are to be converted into public meeting rooms.

• Kitchen, general storage, a lift, stairway, library store, in addition to new toilet facilities

including disabled and baby change rooms are proposed to the rear portion of the existing

Council offices (new addition component). These new areas are considered to be ancillary

to the main function of the building and not be expected to generate a parking demand in

their own right.

Mezzanine Floor (High Street end): • The existing community hall to the rear of High Street within the Institute buildings is to be

converted to a youth centre and staff amenities area.

• New access from High Street via stairs will link pedestrian access to Murray Street through

the centre café and technology hub area.

• The existing mezzanine is proposed to be increased to provide a delivery area, server

room, booster room new stairs and a lift. Similar to the ground floor, these areas are

considered as ancillary to the main function of the building.

First Floor:

• A new concrete floor is proposed between the ground and first floor consisting of a number

of void areas.

• The existing function room and community hall within the institute building is proposed to be

upgraded and used for similar purposes including the use of the former Memorial Hall stage

as a new Council Chamber. The Council Chamber are proposed to approximately double

in size to 130m2 as currently the chambers are constrained.

• Council offices within the front of the Town Hall are to be converted to meeting rooms with

the retention of internal walls and original timber floors

• The existing Memorial Hall is proposed to be used as a new multi-purpose hall space which

includes the reinstatement of the original ‘James Martin Room’ configuration and naming.



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• A new digital hub of approximately 200m2 is proposed within the new first floor addition to

the rear of the Town Hall. The area is to consist of additional smart offices and meeting

rooms as well as kitchen and utility areas for the hubs users.

• A new lift, stairway and public amenities are proposed within the centre of the new floor

addition intended to service the multi-use halls

Provision of Car Parking

Car parking demand:

A Traffic and Car Parking Assessment Report was conducted and prepared by Frank Siow and

Associates (Traffic Engineer) for the subject proposal, in order to provide an expert advice and

undertake an assessment on potential car parking shortfalls as a consequence of the proposal.

Given that the site has historically lacked onsite car parking, it is necessary to consider whether

any existing car parking shortfall in the locality would be exacerbated by the development. For the

purposes of the car parking assessment, any existing car parking short fall has been considered as

an existing right (or a credit), given that both sites share a lawful land use. This rationale is

consistent with the court’s ruling in the matter between Stamopolous Pty Ltd V City of Holdfast Bay

[2004].

The parking calculations have been considered and calculated on the net impact of floor area

changes compared to the existing building footprints. This being said, it must be noted that

although the overall land use of the subject building is considered to be defined as a community

use, the Gawler (CT) Development Plan, differentiates separate land uses in order to apply

different car parking rates.

As an example, the Gawler (CT) Development Plan seeks different car parking requirements for

shops compared to cafes and restaurants, even though all three uses are defined as a ‘shop’

within the definitions contained in Schedule 1 of the Development Regulations 2008.

For this application, it is noted that the Development Plan separates the following uses from the

definition of a community centre for the purposes of car parking calculations:

• Office

• Civic administration offices

• Community Centre

• Library



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• Meeting Hall

• Exhibition Hall

• Conference Facility

The changes of the existing uses within the current buildings compared to proposed building

configuration and additional activities is summarised within the table below:

Level Existing Land Use Proposed land use Impact Change Basement Institute basement

room

Youth/Gaming room

Both land uses are defined as community centre land uses. No change.

NONE

Offices

Offices

No change to the land use. Slight reduction in office floor area proposed (14m2)

- 14m2

Gawler Club room

Gawler Club room

No change to the existing use.

NONE

Ground floor/ Mezzanine floor

Library (341m2)

Library (412m2)

Not expected to increase the number of users.

NONE

Cafe

Ancillary to the main use. Not expected to generate a parking demand in its own right.

NONE

Council offices (296m2)


Net reduction in office area of 264m2

- 264m2

Council Chambers

Heritage gallery

Both land uses are defined as community centre land use. No change.

NONE

Council offices

Council meeting rooms

No change to the land use. Slight reduction in the office floor area proposed (9m2)

- 9m2

Community hall

Amenities and delivery areas

The community centre land use would be reduced by 86m2

- 85m2

First Floor Function room and Institute hall

Function room and hall

No change to the land use. The floor area for the community centre land use would be reduced by 160m2

-165m2

Community stage

Council Chambers


NONE

Digital hub (219m2) Defined as a community centre land use. The new digital hub floor area is offset by the reduction in community centre floor areas in other areas (floor area reduced by 27m2)

-27m2

Digital hub office (43m2) New office area - floor +43m2



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area increased by 43m2 Council offices (68m2)

Council Executive offices (85m2)

No change to the land use. Office area increased by 17m2 due to removal of a corridor.

+17m2

Whilst it is clearly evident that community uses have expanded within the new reconfigured

buildings, it is evident from the above table that there has been a considerable reduction in office

areas within the buildings, and no change or slight increases within other areas.

It is further noted, that from referring to the internal layouts of the proposed building work, a

significant portion of areas have been lost to the provision of open plan work areas/function rooms,

the provision of void and internal light wells and the provision of publics amenities, such as toilet

facilities, access corridors and service and utility rooms.

The loss in office floor space is directly contributed to the fact that the majority of Council

administration activities (offices) will be relocated to the former TAFE building on High Street.

In consideration of the above, and based on the following car parking requirements outlined within

Table Ga/1 of the Development Plan:

• Community centre 10 spaces per 100m2

• Civic administration offices 4 spaces per 100m2

The following car parking calculations have been provided by the traffic consultant:

Community Centre Use: - 2.7 spaces (due to decrease in floor area)

Civic Administration (offices): - 9.1 spaces (due to decrease in floor area)

Total: - 11.8 spaces

Based on the above calculations, the proposal theoretically results in a car parking surplus of

approximately 12 car parking spaces. Given that no car parking is physically available on site, this

surplus cannot be considered as an actual surplus, however it is deemed not to exaggerate any

existing car parking demand. In consideration of the car parking surplus, car parking requirements

contained within PDC26 of the Zone and PDC 26(k) for Council Wide Centres and Shops are

deemed to be satisfied.

Availability of physical Car parking:

Whilst car parking provisions have been addressed within the previous section (and importantly

deemed to satisfy), it is important to consider where physical car parking actually exists within the



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locality. Given that no physical car parking exists on the subject land (other than 3 car parks on lot

78) or opportunity to provide car parking other parking alternative such as public and on street car

parking have been considered.

For the purposes of this proposal, a car parking survey was undertaken by the traffic consultant

that determined that a considerable amount of untimed car parks (536 car parks) were available

within the town centre and within walking distance to the site. The report also revealed that a

further 238 timed car parks were also available on various streets within the town centre, all of

which retain capacity throughout peak demand times.

Given the above it is considered that sufficient public car parking supply exists within the locality to

adequately service the site. The location of Council off street car parking (public car parks) and on

street car parking is showing in a map within the Traffic and Car Parking Assessment Report

contained within attachment 5.

In consideration of the above map, the following car parking areas are considered to be the closest

to the subject land and likely currently used by current visitors that travel to the site by car:

• In front of the site (on street parking – Murray Street) with up to 131 car parks.

• Tod Street Car park – 80 public car parks

• Walker Place – 18on street car parks

• Whitelaw Terrace – 40 on street car parks

• Calton Road – 19 on street car parks

• High Street – 152 on street and public car parks (combined)

With reference to staff car parking, the majority of Council staff park within the car parking area on

High Street adjoining the former TAFE building. It is furthermore considered that staff within the

new proposal are also likely to continue parking within the High Street car parking locations which

are approximately 200 metres from the subject land.

A copy of the Traffic and Car Parking Assessment Report is contained within attachment 5.

Stormwater Management

In association with the proposed works, the existing stormwater management onsite is proposed to

be upgraded given its current condition is a contributing factor to ongoing damage and



63

maintenance to the existing buildings. The provision of adequate stormwater is in accordance with

PDC 83 which requires all sites and developments to provide adequate stormwater drainage.

A preliminary stormwater management plan was developed by Wallbridge and Gilbert for Councils

initial proposal which included more staff accommodation. Given that the footprint and roof area

has not been changed, an updated stormwater management plan was not provided for this

proposal. This however has been conditioned should Development Plan Consent be granted (see

proposed Development Plan Consent Condition No.5).

In addition to upgrading and replacing existing down pipes and guttering where required, new

stormwater infrastructure is proposed. This new stormwater infrastructure includes:

• The provision of subsurface drains to channel water away from the basement floor and

walls

• New grated sumps to collect surface water along the northern path area

• New galvanized steel boxes covering new stormwater discharge points to High Street

• Two pump stations with twin pumps and alarms to pump stormwater out of the new light

wells and from within the basement subfloor

Whilst new stormwater infrastructure is proposed, the stormwater management plan lacks the

provision to capture and reuse stormwater in accordance with PDC25 (n)(vii) and PDC 133. The

absence of including stormwater detention onsite to be reused within the buildings can be

contributed to a number of reasons including:

• The subject sites are proposed to be completely developed and contain limited room to

cater for any detention tank of reasonable quantity for such a development.

• Other than minor rainwater tanks located on the roof of the new building addition, the

weight of full tanks would add considerable weight onto the existing and proposed

structures beneath requiring further structural reinforcing.

• Roof mounted rainwater tanks would likely be required to pump stormwater into the tanks,

(in particular if gathered from the Town Hall gutters), as the waterline would sit below the

base of the tanks.

• External tanks to the outside of the site and buildings would be required to be screened and

require further State Heritage approval.

• The provision of an underground tank to the rear of the excavated area behind the Gawler

Club is likely to cause maintenance issues with the tank being inaccessible.



64

Although the reuse of stormwater is strongly recommended and encouraged within commercial

developments, the absence water sensitive urban design methods of reusing stormwater is

considered acceptable for the above mentioned reasons.

A copy of the stormwater management plan is contained within attachment 6.

CONCLUSION

In summary, the proposal seeks to construct a new addition to the rear of the existing Town Hall

and conduct internal alterations to the existing Town Hall and Institute buildings which will include

the demolition of non-heritage items, various conservation work, structural upgrades and the

expansion of the existing use.

The redevelopment of the land and associated buildings will provide for an improved community

facility, offering enhanced social, cultural, business and government services, in addition to the

preservation and ongoing retention of both State Heritage Buildings.

When assessed against the relevant provisions of the Town of Gawler Development Plan and

having regard to the context of the locality and the nature of the proposed development, it is

considered that the proposal satisfies the relevant provisions of the Development Plan and

warrants Development Plan Consent subject to conditions.

RECOMMENDATION




GRANTED to Development Application 490/399/2016 by TOWN OF GAWLER for ADDITIONS

AND ALTERATIONS TO AN EXISTING COMMUNITY CENTRE (COMPRISING OF

DEMOLITION OF NON-HERITAGE ITEMS, BUILDING ADDITIONS, INTERNAL

RECONFIGURATION AND EXPANSION OF LAND USES WITHIN THE EXISTING TOWN HALL

AND INSTITUTE BUILDINGS).at 89-91 Murray Street GAWLER 5118, subject to the following

conditions:

1) That the development is undertaken in accordance with Development Application No

490/399/2016, the approved plans, details and conditions therein.

REASON: To ensure the proposed development is undertaken in accordance with the

approved plans



65

2) The structures shall be maintained to the reasonable satisfaction of Council at all times.

REASON: To preserve the amenity of the locality

3) All services, including electricity and telecommunication services are to be provided

underground.


4) Noise from devices and/or activities on the subject site should not unreasonably impair or

impinge on the amenity of neighbours at any time and shall be in accordance with the

Environment Protection Agency (Noise) Policy 2007 at all times.

REASON: To minimise nuisance to adjacent sites and to preserve the amenity of the

locality.

5) Prior to the issuing of Full Development Approval, a detailed final stormwater management

plan, associated calculations and modelling results shall be provided to and approved by

Council.

REASON: To ensure that stormwater discharged from the site is appropriately

managed to the relevant Australian Standards and protects the

environment and to ensure no ponding of stormwater resulting from

development occurs on adjacent sites.

6) All stormwater from buildings and paved areas shall be disposed of in accordance with

recognised engineering practices in a manner and with materials that does not result in the

entry of water onto any adjoining property or any building, and does not affect the stability of

any building.







66

7) During construction dust emissions from the site shall be controlled by a dust suppressant or

by watering regularly to the reasonable satisfaction of Council.

REASON: Development should prevent erosion and stormwater pollution

before, during and after construction.

8) Details of the retaining wall and balustrade to the light court along the north wall of the existing

Institute Building be provided to and approved by Council prior to the issuing of Full

Development Approval Consent.

REASON: To ensure the Historic fabric of the locality is retained.

9) A final Schedule for all colours and materials shall be provided to and approved by Council


State Heritage Requirements- Department Of Environment, Water And Natural Resources

1) Detailed demolition plans and a full dilapidation survey recording the condition of the historic

buildings shall be prepared prior to the commencement of construction works, to the

satisfaction of Council in consultation with the Department of Environment and Natural

Resources. The structural condition of the fabric shall be monitored during the course of

construction to identify any adverse impacts. Immediate action shall be taken to identify and

address any structural distress that becomes evident during the groundworks and construction

stages.

REASON: To record existing layouts and fabric conditions, and to

ensure that any adverse impacts are identified promptly, so

that appropriate remedial measures can be implemented.

2) Detailed conservation works drawings, schedules and details shall be provided prior to

commencement of building works, to the satisfaction of Council in consultation with the

Department of Environment, Water and Natural Resources.

REASON: Insufficient information provided with application.



67

3) Section details of all interfaces between the new construction and the existing buildings shall

be provided, to the satisfaction of Council in consultation with the Department of Environment,

Water and Natural Resources.

REASON: To detail the intersection of junctions sufficiently to understand the

construction of the new works as they interface with the existing

building.

4) Samples of the paint system and proposed colours and finishes shall be provided to the

satisfaction of Council in consultation with the Department of Environment, Water and Natural

Resources.

REASON: To ensure an appropriate palette of materials and finishes.

General notes

1) Should Council not adopt the above recommendation in full, it will be necessary to obtain the

concurrence of the Development Assessment Commission before a decision is conveyed to

the applicant.

2) Any changes to the proposal for which planning consent is sought or granted may give rise to

heritage impacts requiring further consultation with the Department of Environment, Water and

Natural Resources, or an additional referral to the Minister for Sustainability, Environment and

Conservation. Such changes would include for example (a) an application to vary the planning

consent, or (b) Building Rules documentation that incorporates differences from the proposal

as documented in the planning application.

3) To ensure a satisfactory heritage outcome, Council is requested to consult the Department of

Environment, Water and Natural Resources in finalising any conditions or reserved matters

above.

4) In accordance with Regulation 43 of the Development Regulations 2008, please send the

Department of Environment, Water and Natural Resources a copy of the Decision Notification.

5) The following requirements of the Heritage Places Act 1993:

a) If an archaeological artefact believed to be of heritage significance is encountered

during excavation works, disturbance in the vicinity shall cease and the SA Heritage

Council shall be notified.



68

b) Where it is known in advance (or there is reasonable cause to suspect) that

significant archaeological artefacts may be encountered, a permit is required prior to

commencing excavation works.

For further information, contact the Department of Environment, Water and Natural Resources.

6) If Aboriginal sites, objects or remains are discovered during excavation works, the Aboriginal

Heritage Branch of the Aboriginal Affairs and Reconciliation Division of the Department

of the Premier and Cabinet (as delegate of the Minister) should be notified under Section 20

of the Aboriginal Heritage Act 1988.



69

Item Number 5.4



Applicant Symes Accountants

Owner Symes Accountants

Subject Land 2 Fourteenth Street Gawler South 5118

LOT: 2 PLN: 147503 CT: 5730/283

Description of Development Additions And Alterations (Second Storey Addition) to Existing Office Building (Non-Complying)

Zone Gawler South Residential Historic (Conservation) Zone


Previous Reference/Motion CDAP: 2016:07:50


Relevant Development Plan 30/04/2015

Recommendation Approval subject to DAC concurrence


(3.3.1.6)


Attachment 1 –

Attachment 2 –

Attachment 3 –

Amended Documentation and 3D Perspective

July Agenda Report

July Agenda Report Attachments

BACKGROUND

The subject application was previously presented to the panel at the 11 July 2016 meeting, in

which the application was differed for further deliberations with the applicant. The relevant panel

motion and reasons for deferral are detailed below:

Moved: Rob Veitch

Seconded: Fleur Bowden

Motion No CDAP: 2016:07:50

That the matter be deferred to allow planning staff to review the following matters with the

applicant:

1. To provide coloured 3-D perspectives at eye level from different vantage points on

site and from the two streets;



70

2. Consideration of integration of the balcony post height with existing 14th street

verandah post height; and

3. Revised link between proposed upper level addition and Local Heritage Place.

The applicant has provided the amendments and additional documentation requested by the

Panel, accordingly, the application is being presented to the panel for a determination on the

amended proposal.

PROPOSAL

As detailed within the previous report, the proposal is for the second storey addition and alteration

to an existing office building, more specifically, those additions and alterations include:

• Second storey addition of 260 square metres, comprising of:

o Reception area;

o Two conference room;

o General open office;

o Four enclosed offices;

o Amenities, those being:

� Formalisation of kitchenette area; and

� Toilets.

o External balcony to southern (Twelfth Street) elevation and;

o Walkway connecting to adjoining Local Heritage Place.

• Modification of the external façade of the existing single storey building including the

alteration of existing windows.

Following the July panel meeting, the applicant has amended the proposal to include:

• Timber slats to the fascia of the first floor balcony to integrate the balcony post height with

the adjacent fourteenth street verandah post height;

• Revised link for the connection between the proposed upper level addition and Local

Heritage Place, with an increased focus on the ‘negative’ connection between building

‘wings’; and

• Provision of 3D perspective elevations.

The amended documentation is contained within Attachment 1. A copy of the previous agenda

report (11 July 2016) and report attachments are contained within Attachment 2 and Attachment

3.



71


The amendments undertaken to the proposal are not considered to alter the nature of the proposal,

and as such, the application was not required to be re-notified in accordance with regulation 20(4)

of the Development Regulations 2008.

REFERRALS

The amended documentation has been reviewed by Council’s internal heritage advisor, whom is of

the opinion that the proposal appropriately deemphasises the first floor addition and improves the

visual connectivity/link between the proposed balcony and the fourteenth street verandah

elevation. Accordingly, Council’s heritage advisor is supportive of the amendments contained

within the documentation (Attachment 1) prepared by DASH Architects.

ASSESSMENT

In addition to the assessment undertaken within the agenda report presented to the 11 July 2016

panel meeting (Attachment 2), the following Town of Gawler Development Plan Objectives and

Principles of Development Control (PDC’s) were considered in the assessment of the amended

proposal:


Appearance of Land,

Building and Public

Environment

1 1, 4, 5, 8

Commercial Development - 30

Conservation 12 35,

Residential - 239, 241, 242, 252, 253, 260, 261


Residential Historic

(Conservation) Zone

1, 2, 3, 4 1, 2, 3, 4, 5, 6, 7, 8, 9, 23


Gawler South Policy Area 1, 2, 3, 4 1, 2

Impact on Historic Conservation Zone and adjacent Local Heritage Place

Whilst the appropriateness of the land use and the subsequent impact on the historic character of

the Zone and the adjoining Local Heritage Place was considered within the assessment of the



72

previous report presented to the panel, an additional assessment has been undertaken as a result

of the amendments provided.

Accordingly, the assessment has been broken down into the three (3) elements contained within

the amended documentation, those being:

• Inclusion of timber slats and balcony posts under balcony;

• Revised first floor link between second storey addition and existing local heritage place;

and

• Impact on the prevailing streetscape character of Twelfth Street and Fourteenth Street.

Inclusion of timber slats and balcony posts under balcony

Image 2 contained within Attachment 1, demonstrates the reinstatement of the posts to the

second storey balcony area, to assist in the development achieving a residential setting due to its

location within the Residential Historic (Conservation) Zone. It is considered that the inclusion of

the balcony posts in lieu of the previous cantilevered proposal assist in deemphasising the balcony

when seen from the street. Similarly, the balcony assists in breaking up the visual bulk of the

second storey addition, providing articulation to the Twelfth Street façade as desired by Residential

Historic (Conservation) Zone Objective 3(a) and PDC 3.

The inclusion of the timber slat facia softens the transition from the increased post height (3.7

metres) of the proposed balcony to the existing verandah post height located on the Fourteenth

Street frontage of the existing building. Accordingly, with the amendments, the proposed

alterations to the exterior of the building are considered to be more complimentary to existing

façade. Subsequently, the proposal accords with Residential Historic (Conservation) Zone

Objective 3(a) and PDC 3.

Revised first floor link between second storey addition and existing local heritage place

The amended proposal seeks to alter the previously proposed roof line associated with the second

storey addition to achieve a more complimentary connection between the building and the local

heritage place. In the opinion of the applicant’s heritage architect consultants DASH architects, the

amendments achieve a softer interface between elements of the proposed structure through the

use of ‘negative’ connections. Council’s Heritage Advisor is of the opinion that the amendments

appropriately deemphasises and improves the connectivity/link between the first floor additions and

the existing local heritage place. Accordingly, the proposal accords with Residential Historic

(Conservation) Zone Objective 3, PDC 1, 3, 5, 6, 8, 9 and Gawler South Policy Residential Historic

(Conservation) Area Objective 1 and 4.



73

Impact on the prevailing streetscape character of Twelfth Street and Fourteenth Street

To assist in the consideration of the appropriateness of the proposed amendments, the applicant

has provided three dimensional elevations at various viewpoints to demonstrate the external

appearance of the building. The elevations demonstrate that the proposed second storey office

addition is of an appropriate scale to complement the existing local heritage place and warrant the

deviation from Gawler South Policy Residential Historic (Conservation) Area 4, in which seeks

primarily single storey development. In consideration of the amendments and opinion provided by

both DASH architects and Council’s heritage advisor, the proposal is considered to satisfy

Residential Historic (Conservation) Zone Objective 3(a) and PDC 3.

It is noted that due to time constraints, the applicant has requested that the provision of an

amended two dimensional elevation plan be provided by way of condition should the panel resolve

to support the proposal subject to the concurrence of the Development Assessment Commission.

Accordingly, a condition to that effect has been included as recommended condition 6 below. The

later provision of amended documentation is considered to be of no concern due to the quality and

clarity of plans.

CONCLUSION

When considering the proposed development against the relevant provisions of the Town of

Gawler Development Plan and within the context of the existing locality, the proposal is not

considered to be seriously at variance with the Town of Gawler Development Plan, and

subsequently warrants the granting of Development Plan Consent subject to the concurrence of

the Development Assessment Commission.

RECOMMENDATION



at variance with the Development Plan and that the concurrence of the Development

Assessment Commission be sought to enable DEVELOPMENT PLAN CONSENT to be

GRANTED to Development Application 490/41/2016 by SYMES ACCOUNTANTS for

ADDITIONS AND ALTERATIONS (SECOND STOREY ADDITION) TO EXISTING OFFICE

BUILDING (NON-COMPLYING) at 2 Fourteenth Street GAWLER SOUTH 5118, subject to the

following conditions:



74




documentation.

2) Other than where varied by this consent, all other approvals and subsequent conditions that

remain active on the subject land continue to apply.

REASON: To ensure the existing approvals are operated in accordance with the

approved documentation.

3) The subject land shall be maintained to the reasonable satisfaction of Council at all times.

REASON: To maintain the amenity of the locality.

4) The structure shall be maintained to the reasonable satisfaction of Council at all times.


5) All stormwater run-off from the second-storey addition hereby approved shall be directed

into the existing stormwater management system and discharged to the public stormwater

drainage system in a manner and with materials satisfactory to Council.


6) Prior to the issuing of Full Development Approval and with Building Rules Consent

documentation, an amended elevation plan shall be submitted to and approved by Council,

demonstrating the amendments contained within the document entitled ‘Summary of

Changes’ by DASH Architects (dated 22.07.16).

REASON: To ensure the development is consistent with the residential zoning of the

subject land.

7) Final details, edge treatments and extent of fabric removal associated with the proposed

first floor connection to the Local Heritage place are to be further documented to the

satisfaction of Council in consultation with their heritage advisor prior to final Development

Approval being granted. The extent of fabric removal and fixings through original face

masonry should be minimised, and existing face masonry is to remain exposed and

unfinished.

REASON: To ensure the impact on the Local Heritage Place is minimalised.



75

8) The existing screening of mechanical plant fronting Fourteenth Street is to be maintained to

the reasonable satisfaction of Council.

REASON: To ensure the impact on the Local Heritage Place and amenity of the

locality is minimalised.

9) The western end of the second-storey balcony (elevation indicated as ‘Rear Elevation –

Carpark’) hereby approved, shall be clad with metal or timber slats (painted to match the

balcony posts/balustrade). The slats shall be installed with a minimum width of 400

millimetres and evenly spaced at no more than 100 millimetres intervals to the reasonable

satisfaction of Council. The installation shall occur prior to the occupation of the second

storey office area hereby approved.

REASON: To ensure overlooking into the neighbouring residential allotment is

appropriately mitigated.

10) The second-storey windows indicated on the ‘Rear Elevation – Carpark’ elevation of the

‘Proposed Elevations’ Plan by Centofantu Design & Construct hereby approved, shall be

installed to a minimum sill height of 1500 millimetres above the second-storey finished floor

level or be obscured with fixed obscured glazing to a minimum height of 1500 millimetres

above the second-storey finished floor level, to the reasonable satisfaction of Council.



11) The office hours of operation shall be limited to the following:

• Monday – Friday: 8am – 5pm;

• Saturday: 9am – 12:00pm (noon); and

• Sunday and Public Holidays: Closed


documentation.

12) The external finished of the development hereby approved, shall be undertaken in

accordance with the following schedule unless otherwise approved by Council:

Component Material Colour

Colour

• External wall Render Primrose - Taubmans

• Roof Colorbond Woodland Grey



76

• Balcony posts/railing Ezyslat Black

• Gutters/Downpipes Colorbond Woodland Grey


documentation.



77


Item Number 6.1

Title Significant/ Regulated Tree Removal Information Item

Author(s) Development Assessment Planner (Jessica Lewig)

Recommendation Information item be noted

Previous motion Nil

Attachments Attachment 1 – Extracts from Section 84 and 85 – Development Act 1993

Attachment 3 – Policy 7.14 – Tree Management Policy

Attachment 4 – Policy 7.13 – Street Tree Removal Policy

BACKGROUND

At its meeting on 11 July 2016, the Council Development Assessment Panel (CDAP) raised

concerns with the increase in the number of retrospective applications for tree damaging activity

that were being presented to the Panel for determination. Subsequently, it was requested by the

Panel that a report be provided by Council staff summarising how tree protection was being

monitored. This report aims to summarise the legislative process that is undertaken when a tree is

removed without approval, Council staff’s enforcement powers under the Development Act 1993

and potential future policy implications.

PREVIOUS RELEVANT DEVELOPMENT APPLICATIONS

The following are retrospective applications for tree damaging activity that have been presented to

the CDAP for determination in the past 4 years:

• DA490/279/2016 – Tree Damaging activity – removal of a significant tree –River Red Gum

(Eucalyptus camaldulensis) – Development Approval GRANTED 11/07/2016

• DA490/176/2016 – Tree damaging activity – removal of a regulated tree – River Red Gum

(Eucalyptus camaldulensis) – Development Approval REFUSED 08/06/2016

• DA490/589/2015 – Tree damaging activity – removal of a regulated tree – GRANTED

08/06/2016

• DA490/78/2013 – Tree damaging activity – removal of a regulated tree – Forest Red Gum

(Eucalyptus tereticornis) – WITHDRAWN 07/07/2015 due to successful enforcement action

NATURE OF DEVELOPMENT

Regulation 6A defines a Regulated tree as any tree with a circumference of 2 metres or more, or in

the case of a tree with multiple trunks a tree with a total circumference of 2 metres or more with an

average circumference of 625mm or more, measured at a height 1 metre above natural ground

level. In the case of a Significant tree, the circumference is 3 metres or more.



78

Exemptions for certain tree species are listed within Regulation 6A(5) of the Development

Regulations 2008 (The Regulations).

Under Section 4(1) of the Development Act 1993 (The Act), development is defined as:

(fa) In relation to a regulated tree – any tree damaging activity

Tree Damaging Activity is further defined under this Section as:

(a) the killing or destruction of a tree; or

(b) the removal of a tree; or

(c) the severing of branches, limbs, stems or trunk of a tree; or

(d) the ringbarking, topping or lopping of a tree; or

(e) any other substantial damage to a tree

and includes any other act or activities that causes any of the foregoing to occur but does

not include maintenance pruning that is not likely to affect adversely the general health and

appearance of a tree or that is excluded by regulation from the ambit of this definition.

Regulation 6A(8) of the Development Regulations 2008 clarifies the following as being excluded

from the definition of ‘tree damaging activity’:

Pruning –

(a) that does not remove more than 30% of the crown of the tree; and

(b) that is required to remove –

i. dead or diseased wood; or

ii. branches that pose a material risk to a building; or

iii. branches to a tree that is located in an area frequently used by people

and the branches pose a material risk to such people.

Further, Schedule 3 details additional situations in which tree damaging activity is not considered

to be development;

(a) the tree is within 1 of the following species: melaleuca styphelioides or langunaria

Patersonia; or

(b) the tree is within 20 metres of a dwelling in a Medium or High Bushfire Risk Area

identified within the relevant Development Plan; or

(c) the tree is on land under the care and control of the Minister who has primary

responsibility for the environment and conservation of the State; or

(d) the tree is on land under the care and control of the Board of the Botanic Gardens and

State Herbarium; or

(e) the tree is dead.



79


Applications for tree damaging activity on private land are not required to be advertised pursuant to

Section 38 of the Development Act, 1993. Under Schedule 9 (13) of the Development Regulations

2008, any development which comprises a tree-damaging activity in relation to a Regulated tree on

private property is listed as Category 1 and does not require public notification.

Applications for tree damaging activity on land owned or occupied by a council where the council is

the relevant authority in relation to the development are listed as Category 2 and require public

notification to the owner or occupier of any adjacent land.

DELEGATION

Under Clause 3.3.1.2 of the Development Delegations Policy;

3.3.1 The CDAP shall deal with the following matters:

3.3.1.2 Any application for consent to undertake tree damaging activity to a

Significant Tree or a Regulated Tre as defined under the Development Act, and the

tree is not considered to be an urgent safety risk (thus meeting the requirements of

Section 54a of the Development Act 1993) but excluding:

3.3.1.2.1 Regulated or Significant Trees in a Rural or Rural Living Zone; and

3.3.1.1.2 In all other Zones, where Councils consultant arborist provides a

written report stating that the tree is suitable for removal and having

assessed relevant tree management options, has satisfactorily

demonstrated that there are no reasonable tree management options

available to allow the tree to be appropriately maintained for a life

expectancy of more than 10 years.

COMMENTS/ DISCUSSION

Procedure for retrospective tree removal

The Planning system is an honour-based system which relies on the public undertaking

development in accordance with any approval and subsequent conditions imposed on that

approval.

Irrespective of the above, tree damaging activity may be brought to Council’s attention in a number

of ways including:

• compliance inspections;



80

• inspections undertaken for another application lodged on the property;

• citizen complaints;

• the person who undertook the development informs Council.

Whilst Council staff endeavour to ensure tree damaging activity (and all other forms of

development) does not occur without the relevant approvals, the Council has limited resources,

with only one Compliance Officer. As such, unauthorised development is not always noticed

straight away.

A retrospective application for tree damaging activity is assessed in much the same way that a

retrospective application for building work or change in land use would be assessed. The relevant

authority has an obligation to assess the development as though the development has not yet

occurred as per the requirements of Section 33 of The Act. It is important to note that applicant has

a statutory right to lodge a development application, and that the relevant authority must make a

decision on the application irrespective of any potential compliance or enforcement issues.

It is noted that granting Development Approval for retrospective tree damaging activity does not

limit Council’s ability to undertake enforcement action against the person or persons who initially

undertook the development without approval. Similarly should the application be refused, Council

(provided the timeframes for enforcement still apply) have enforcement options under The Act to

rectify illegal development.

Enforcement Options

Undertaking development without a valid approval (i.e. tree damaging activity without approval) is a

breach of The Act which is enforceable under Section 84. Section 84 allows the relevant authority

to issue a notice regarding the breach, and direct a person (or persons) to refrain from the course

of action that is causing the breach, make good any breach or take such urgent action as is

required. A notice under Section 84 can only be issued within 12 months of the breach occurring.

Any person who contravenes or fails to comply with a direction under Section 84 is guilty of an

offence, with a maximum penalty of $120,000.

If the 12 month timeframe has expired, the relevant authority can issue a court order under Section

85 of the Act. Under this Section, an application is made to the Environment Resources and

Development Court (ERD Court) to serve a notice on the person or persons responsible for the

breach within three (3) years of the breach having occurred.

An extract of Section 84 and Section 85 of the Act is included within Attachments 1 and 2

respectively.



81

In order for Council it initiate such proceedings, it is imperative for Council to prepare appropriate

evidence to demonstrate that a breach of The Act has occurred, and who is responsible for said

breach.

Further, the relevant authority can prosecute under Section 44 of the Act. In this instance, a

complaint and summons must be filed with either the Magistrates Court or the ERD Court. The

maximum penalty for breaches under Section 44 is a fine of $120,000. These proceedings must be

initiated within three (3) years of the breach.

Undertaking the above enforcement options is at the discretion of the relevant authority.

Future Policy Implications

Council’s existing policy’s regarding trees are currently limited to addressing trees that are under

Council’s care and control, these being street trees, parks and reserves. Policy 7.14 – Tree

Management Policy (Attachment 3) and Policy 7.13 – Street Trees – Removal Policy

(Attachment 4) are attached to this report for further clarification and consideration.

A policy has recently been drafted by Council’s Land Use Policy Officer which formalises the

compliance and enforcement process outlined above. If adopted, this policy would clarify the

procedures which Council staff would follow when unauthorised development (including tree

damaging activity) has occurred. This draft policy is still in its infancy, and has not yet been

presented to Council for adoption.

Council are now introducing steps to ensure Regulated and Significant trees identified within land

division applications are inspected during construction processes where necessary.

As such, Council staff in respect of retrospective tree damaging activity (as in the case of all

unauthorised development) are limited to the powers specified by the Development Act 1993 and

the Development Regulations 2008.

RECOMMENDATION

That the contents of this report be received and noted.



82

Item Number 6.2

Title INFORMATION ITEM - APPEAL MATTERS

Date 31 August 2016

Author(s) Acting Team Leader Development Services

Name Issue Address Officer Decision

DAP Decision

Appellant Status Next Action

P C Zweck Appealing Refusal of Land Division application

Bentley Rd, Uleybury

Refusal Refusal Zweck, C/- Botten Levinson Lawyers

Hearing held 15-18 August 2016

Judgement Pending

RECOMMENDATION: That the contents of this report be received and noted.



83

Item Number 6.3

Title INFORMATION ITEM – MATTERS PREVIOUSLY DEFERRED

Date 31 August 2016


Application Deferral Date

Proposed Development Applicant Address Officer Status

490/639/2012 08/12/2014 Land Division by Community Title (4 allotments into 9)

J Costa Burrows Street, Willaston

Brendan Fewster

Public notification concluded. Under going final assessment. Application to be presented to CDAP..

490/240/2015 14/12/2015 Change of Use to Horticulture (Market Garden)

Greener Lawn Solution

Lot 10 Pearsons Road Hillier

Brendan Fewster

Advice from Department of Primary Industries and Resources has been received.

Staff are awaiting amended stormwater management plans and calculations.



NOTICE OF MEETING




///////////..




1



2. 3.








Applicant:

Address:


490/151/2016

Tariba Pty Ltd



12 - 38


Applicant:

Address:


490/399/2016

Town of Gawler



39 - 68


Applicant:

Address:


490/41/2016

Symes Accountants



69 - 76



2





7.

Other Business


9. Closure



3

Item Number 5.1




Owner V M Costin


LOT: 102 PLN: 14278 CT: 5606/491









(3.3.1.6)


Attachment 1 –

Attachment 2 –

Attachment 3 –

Attachment 4 –

Attachment 5 –






BACKGROUND




(physiotherapist);










4









PROPOSAL







of 5 persons.






should be removed.


Attachment 5.

LOCALITY








5





Dwellings.














6


Residential Zone

Mixed Use Historic

(Conservation) Zone

Special Use Zone

Residential Zone



7





ASSESSMENT






















1 1, 4, 5, 8


Conservation 12 35


Residential - 239, 241, 242, 252, 253, 260, 261



8


Mixed Use Historic

(Conservation) Zone

1, 2, 3, 4 1, 2, 3, 4, 5, 6, 7, 8, 9, 23
































9































Requirement





10



36












Wide PDC 26.





CONCLUSION







RECOMMENDATION






conditions:



11







12

Item Number 5.2




Owner M K LUCAS


LOT: 3 PLN: F125176 CT: 5220/169










Attachment 1 –

Attachment 2 –

Attachment 3 –

Attachment 4 –

Attachment 5 –

Proposed Plan





PROPOSAL










Attachment 1):



13







Attachment 1).


reserved matter)








Attachment 1.



1856 - 1897












14

1970-1993:





1993 -1996:



























15





















where necessary.













16




















being.


• 490/305/945 – Change of Use

• 490/461/945 – Change of Use

• 490/017/09 – Food Van

LOCALITY





17



Market)
















18


SUBJECT SITE















several areas.





Residential H

istoric

(Conservation) Z

one R


Council

Car park

Subject Site



19





1993.




REFERRALS




Internal Council

Referrals




matter.

Internal Heritage

Advice
















20


Commission (DAC).

ASSESSMENT







Council Wide:


1

1, 4, 5, 6, 7, 9, 10


2 11



9 30


10 -



Infrastructure 33, 34, 36, 37, 38 83, 86, 87, 89


39, 40 97, 98, 101, 102, 103


Regulated Trees 69, 70 207, 208, 209



81, 88 320, 322, 323, 325, 328, 329, 331, 334, 337, 338, 339, 342, 343, 344, 345, 346, 347, 348, 350, 351, 352, 353


95, 96 359, 360, 361, 362, 363,



21

and Goods) 364, 365, 370, 371

Waste 97 372, 373, 374, 378, 381, 382, 383, 384, 385

Zone:


1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14

1, 3, 4, 6, 7, 9, 10, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 29, 30, 40

Policy Area:

Light Policy Area















agreement.












22

































23


age of 55.










2008.






a place of worship.










include:


Whinnens Lane);



24






























window surrounds.



25






character.

New Hall Addition














hall.





the existing roof;








26

















following reasons:




condition.










27

Landscaping:
































28

Seating:













Site ground cover:






cover.












29







any one time.








selected day.



generate/require.

















30









Service only)

Development Plan

Specified Rate



Demand


proposal

93


area)


Use)


Surplus


demand

Shortfall of 38


















31
























building.











32

















STORMWATER















33

CONCLUSION


















RECOMMENDATION
















34




















materials.





Council Conditions:




plans.



35



consent.


plans.










Saturday.




Sundays.







of the locality.



36




Standard.









properties.





of any building.






plans.



37










system.


Conditions:










General notes






38











Notification.


Places Act 1993.



shall be notified.



excavation works.


Resources.


Heritage Act 1988.







39

Item Number 5.3






Lot: 78 PLN: 5535 CT 5841/170

Lot: 79 PLN: 5535 CT 5841/171

Lot: 80 PLN: 5535 CT 5841/172











Attachment 1 –

Attachment 2 –

Attachment 3 –

Attachment 4 –

Attachment 5 –

Attachment 6 –

Application plans






PROPOSAL







40














facility






Club.





mezzanine floor.









41

PROPOSAL BACKGROUND












the greater region.














SITE HISTORY






42






















LOCALITY











43















Town Hall).













44


SUBJECT SITE





allotment of 752m2

















45

RELEVANT AUTHORITY














reduced.



office.









1993.






46

REFERRALS







ASSESSMENT







Council Wide:


1

1, 4, 5, 6, 7, 9, 10


2 11



9 30


10 -



Infrastructure 33, 34, 36, 37, 38 83, 86, 87, 89


39, 40 97, 98, 101, 102, 103




47

Regulated Trees 69, 70 207, 208, 209



81, 88 320, 322, 323, 325, 328, 329, 331, 334, 337, 338, 339, 342, 343, 344, 345, 346, 347, 348, 350, 351, 352, 353


95, 96 359, 360, 361, 362, 363, 364, 365, 370, 371

Waste 97 372, 373, 374, 378, 381, 382, 383, 384, 385

Zone:


1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14

1, 3, 4, 6, 7, 9, 10, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 29, 30, 40

Policy Area:

Light Policy Area


1, 2




• Land Use










Current land uses:





48





















Proposed land uses:






• A Digital Hub:


facilitate:





49

o Telework spaces



support.

• A Youth Centre






Gawler.






















50



Demolition:


Demolition:

1. (i) in total; or


public place







as:


basement floor















51

Land Use

















listed items.














52




Conservation Works

















proposal.







Built Form





53







proposal.

Building Materials:





Central Axis Spine:




















54



configuration.











Street.














Boundary wall:







55



forms and facades.




















dominant feature.

Light Wells:










56



along the boundary.

Internal Works






All Floor Levels:





value.














Basement:



basement.



57









natural light


natural light

















numbers.








58


would occur.


and technology hub










their own right.








First Floor:


of void areas.











59







Car parking demand:









[2004].











• Office



• Library



60

• Meeting Hall

• Exhibition Hall





room

Youth/Gaming room


NONE

Offices

Offices


- 14m2

Gawler Club room

Gawler Club room


NONE


Library (341m2)

Library (412m2)


NONE

Cafe


NONE




- 264m2

Council Chambers

Heritage gallery


NONE

Council offices



- 9m2

Community hall



- 85m2




-165m2

Community stage

Council Chambers


NONE


-27m2




61




+17m2





























62































63











walls
















base of the tanks.







64





CONCLUSION












RECOMMENDATION









conditions:




approved plans



65




underground.






locality.



Council.








any building.







66


















stages.










67






building.



Resources.


General notes



the applicant.









above.









68











69

Item Number 5.4






LOT: 2 PLN: 147503 CT: 5730/283









(3.3.1.6)


Attachment 1 –

Attachment 2 –

Attachment 3 –


July Agenda Report


BACKGROUND




Moved: Rob Veitch




applicant:





70






amended proposal.

PROPOSAL




o Reception area;






� Toilets.










‘wings’; and




3.



71





REFERRALS






ASSESSMENT




proposal:


Appearance of Land,

Building and Public

Environment

1 1, 4, 5, 8


Conservation 12 35,

Residential - 239, 241, 242, 252, 253, 260, 261



(Conservation) Zone

1, 2, 3, 4 1, 2, 3, 4, 5, 6, 7, 8, 9, 23








72







and




























73















clarity of plans.

CONCLUSION






RECOMMENDATION











74




documentation.


















subject land.






unfinished.




75

























documentation.




Colour





76




documentation.



77


Item Number 6.1




Previous motion Nil




BACKGROUND
















08/06/2016










78
















Pruning –








to be development;


Patersonia; or






State Herbarium; or




79









DELEGATION


















approval.


of ways including:




80







straight away.












Enforcement Options













respectively.



81



breach.





















RECOMMENDATION




82

Item Number 6.2


Date 31 August 2016



DAP Decision






Judgement Pending




83

Item Number 6.3


Date 31 August 2016






Brendan Fewster





Brendan Fewster


