dac agenda item 3 -...

DAC AGENDA ITEM 3.1 Application Summary

Application Number DA 361/453/2014

KNET Reference #8874589

Role of the Commission DAC is the authority pursuant to Schedule 10, clause 14 – MFP (The Levels) Zone

Applicant Hot Property Group

Subject Land 6-12 Capital St, Mawson Lakes

Description of Proposal Mixed Use Development (3 Storey) comprising supermarket, 11 shops and 79 student accommodation units and associated signage.

Lodgement Date 26/02/2014

Development Plan Version Salisbury (City) Development Plan Consolidated 22 August 2013

Zone/Policy Area MFP Zone

Public Notification Representations received : 3 Representations to be heard : 1

Referrals - Statutory DPTI

Referrals – Internal Traffic, Engineering, Urban Planning & Development, Property Services

Assessing Officer Elinor Sedman, Senior Planner, City Development, City of Salisbury

Recommendation Approval with Conditions

EXECUTIVE SUMMARY

The proposal is for a three storey Mixed Use Development comprising supermarket, 11 shops, 79 student accommodation units, undercroft car parking, and associated signage. A portion of the development includes part undercroft car parking with ingress from Elder Smith Road and egress onto Capital Street to the south. The proposed development site is across two allotments, 601 and 602 in Deposited Plan 70822 and Certificate of Title Volume 5965 and Folios 861 & 862. Pedestrian access into the student accommodation facility will be gained via Capital Street, with private entry via elevator onto the first floor. 79 two storey townhouses are proposed over the retail level, with a roof top laneway terrace. As the proposal includes direct access from Elder Smith Road, the application was referred to the Transport Services Division, Department of Planning, Transport and Infrastructure (TSD) as a Schedule 8 referral. The view of TSD was that safe access can be gained via Elder Smith Road, however the finite design detail of the deceleration lane and crossover is to be resolved in consultation with the adjacent landowner due to dual access arrangements agreed by TSD. Council received three (3) representations, opposing the application. One (1) representor wished to be heard by the Development Assessment Commission, which was the adjacent land owner to the west, Peregrine Corporation. Consultation was undertaken with the representor, TSD and the applicants in order to discuss the concerns raised, however there was no final resolution achieved and their objection remains.

Development Assessment Commission Agenda 11 September 2014

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ASSESSMENT REPORT

1 PROPOSAL

The mixed use development which comprises a supermarket, 11 shops, 79 student accommodation units and associated signage, also includes an under croft car parking level and has an overall building height of 15.68 metres from natural ground level. The ground floor level contains 28 car parking spaces, of which one is for staff and 2 are disabled bays, 11 retail tenancies, which includes a café and associated deck, a 2122m² supermarket tenancy, mall area, mezzanine level which is divided into two areas, one for staff amenities and the other as an acoustically treated plant room, loading dock, bin areas, 5 bike parks and two pylon signs. The tenancies are served by a mall area of 325m². Retail tenancy (5) is intended to be used as a café and has provision for outdoor deck area seating which will directly overlook Capital Street. The under croft car parking level involves excavation of approximately 1.6 metres in depth from natural ground and contains 13 staff car parks, 6 motor bike spaces, 112 customer spaces along with 9 service storage areas, escalators, 2 lifts and 3 fire exits. There are 28 dedicated car parking spaces proposed to be provided for the student accommodation units. Pedestrian entrance into the retail level is from the car parking area along the western elevation via a ramp and double width stairs along with a stair entrance off Capital Street. The entrance into the student accommodation level is also gained via Capital Street on this level and will be via a private lift and stair well along the southern elevation. Vehicular ingress will be gained via Elder Smith Road with a defined and distinctive pavement. The ingress includes a low mountable kerb and chevron painted loading dock to create a defined dock area, in order to reduce the potential for vehicular conflicts with ingress movement. Capital Street access will serve ingress and egress movements and will require the removal of a small street tree. The third level comprises of the 79 student accommodation units, which are two storey and have an overall height of 6.1 metres. This level includes a roof terrace area which is the foundation of the units and provides internal laneways between each unit. The terrace area is to include raised garden beds within the laneways and accommodates 141 bike parks. A common room area has been provided on the first level in the southern corner and includes 2 on site managers’ offices, a lobby area, reception, amenities and on the second level, a laundry, a lounge area, a meeting room, amenities and a small gym. The student accommodation units include a mixture of one, two and three bedrooms and contain kitchen and bathroom areas and internal/external aspect balconies. The units along the eastern elevation have two private courtyard areas with screens of 1.8metres in height and landscaping in order to prevent overlooking into the adjacent allotment to the east, should that site be developed as proposed in a current Development Application. See drawing DA 620 in Attachment 1, for detail of this area. The roof level will include a parapet around the perimeter of the development. Individual roofs for the student accommodation will have a 3 degree pitch and will not be viewed from street level above the parapet. It is proposed the student accommodation facility will have a unit management body that will govern the operation of the facility. This will include terms that prior to occupation, the residents will be required to sign an agreement which outlines numerous terms and conditions of any lease, such as they must qualify as a ‘student’ in so far as the must be currently enrolled and attending a secondary or tertiary educational establishment in South Australia, the facility cannot have more than 212 students on site at any one time and visitors are only permitted between the hours of 7:00am and 10:00pm on any day. As part of the operation of this facility the applicant proposes to have three (3) hire cars available which can be hired out by the students as a car sharing arrangement on an hourly rate if needed, similar to student accommodation car sharing examples internationally and nationally such as FlexiCar. The proposed exterior of the development provides direct interface with both Elder Smith Drive and Capital Streets, with balconies directly overlooking both streets and two defined entrances. The external colours and


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materials palette includes rendered concrete walls, dark charcoal brickwork, large panels of corten steel, stained timbers panels and glass. There are ten external signs proposed on the Elder Smith Road (North), Capital Street (South) and Entrance (West) elevations. No plans have been submitted showing the exact dimensions and graphics to be included in these signs. Additionally, as part of this application two pylon signs are proposed, both of which are wholly within the boundaries of the allotments. The pylon sign to front Capital Street is 6 metres in height and will be clad with corten steel, similar to the pylon sign which is proposed to front Elder Smith Drive, which will also be constructed of corten steel cladding and is 9 metres in overall height.

Concept landscaping details have been provided which shows gardens beds within the ground floor car parking area and roof top terrace as part of the student accommodation level. Raised garden beds and bench seating is proposed on this level with medium to low shrubs.

Landscaping is proposed adjacent to the bin storage area within the northern allotment boundary, in order to soften the dominance of the screen from Elder Smith Drive.

Whilst not part of the application, it is noted the application intends to prepare a community title land division for the student accommodation facility, which will either be for the division of each unit or several, as a group. No details have been provided at this stage as to how that would occur.

The application plans and supporting information are contained in the ATTACHMENTS.

2 SUBJECT LAND AND LOCALITY

The subject land is located at 6-12 Capital Street Mawson Lakes and also has direct frontage to Elder Smith Drive, which is a secondary arterial road. The site comprises two vacant allotments (601 & 602) which are relatively level and do not contain any significant vegetation. The side of the road reserve off Elder Smith Road has been landscaped as shown in the attached site photographs. The total area of the site is 5753 square metres.

Figure 1.0 Subject Land Source: NearMap February 2014


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The locality can be characterised as a mixed use precinct, which is predominantly medium to high density residential development. There are numerous retail tenancies within Capital Street and apartments with balconies which overlook the street, which are a mixture of 3-4 storeys. The subject site is roughly 450 metres from the train station, 290 metres to the University and 280 metres to the centre of Main Street within the Town Centre.

SITE PHOTOGRAPHS

Internal view of subject land looking east. Internal view of subject land, looking north east towards intersection

View of Capital Street View adjacent the northern boundary, looking

towards Interchange


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View from Elder Smith Road reserve, looking South View from Elder Smith Road reserve, looking

South towards Capital Street

View towards eastern allotment boundary View of abutting residential development to the

south of the subject site

3 BACKGROUND

There have been two significant applications approved previously on the subject land, one of which was a Four Storey 78 Bed Private Hospital which was approved under delegation 21 October 2008. This facility also included retail tenancies. The other approval, which is still operable, is for five (5) residential flat buildings containing 38 dwellings.

There is no relevant enforcement history that relates to the subject land.

Additionally, the subject land is affected by an encumbrance to the Urban Renewal Authority (URA). One of the requirements of the encumbrance is that approval must be granted by Lend Lease for most development within the MFP Zone. The architects Hames Sharley currently manage this encumbrance for the URA and are

supportive of the proposed development.

4 CATEGORISATION AND PUBLIC NOTIFICATION

Pursuant to Section 38 and Schedule 9 of the Development Act and Regulations, and the provisions of the City of Salisbury Development Plan it was determined that public notification was required for a Category 2 form of development. The following valid representations were received:

Greg and Belinda Pethick. Unit 7 19-21 Metro Pde, Mawson Lakes

Louise Manticos. 10 Shearwater Drive, Mawson Lakes

Peregrine Corporation. 270 The Parade, Kensington Park (wishes to be heard)


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Summary of Representations received

Peregrine Corporation are concerned that there is a significant car parking short fall of 117 to 275 spaces. Phil Weaver and Associates prepared a response on behalf of Peregrine to the proposed and development and which stated that this shortfall was based on 7 spaces per 100m² of Gross Leasable Floor area needing to be provided and 1 car space per 4 beds for the student accommodation facility. The shortfall would in turn be likely to increase demand for on-street car parking within the locality and on the approved service station site. On the basis that the proposed development would generate approximately 2600 vehicles movements per day on capital street, there will be significant impacts on the amenity of adjoining residents. There is no consideration of the spatial implications of large delivery vehicles exiting onto Capital Street. It is not appropriate to ‘piggy back’ off the approved slip lane, particularly given the risks and liabilities to Peregrine. The joint access and slip lane arrangements on Elder Smith Drive road reserve will create a high level of risk, potential for vehicular conflict and high vehicular speed at the entrance into the site. Length of the slip lane is not adequate to ensure that drivers can safely slow down to enter the development. DPTI will have serious issues with the design of the shared access. Elder Smith Drive has a speed of 70km/h and there is a high possibility of that vehicles slowing down to turn into the development would conflict with vehicles entering the approved service station, particularly given the proximity of the intersection. Lack of delineation around the access. A 14 metre semi trailer would not be able to reverse into the south westernmost bay with conducting multi-point turns and which would involve crossing a disabled bay. Width of access point into the basement car park inadequate. Sight distance issues with cars reversing out of the car parking spaces located at the western end of each row of spaces along the northern aisle in the undercroft car parking area. The tandem spaces are restricted to staff only. The proposed 9pm Pylon Sign should be within the property boundary and not overhanging the road reserve. The development does not comply with Safe Intersection Site Distances. Urban and Regional Planning Solutions (URPS) on behalf of the representor also submitted that a supermarket is not envisaged in the zone and that there is virtually no support for large retail or supermarket development. The establishment of a supermarket on the periphery of the main Mawson Lakes commercial/mixed use precinct is an inappropriate form of development. It is not orderly or economic and has the potential to re-focus the main shopping function of Mawson Lakes away from the core and the central shopping centre. There is no support in the MFP zone for the proposed development.

Concerns were expressed regarding the proposed hours of operation of the retail outlets and furthermore the potential noise impacts arising from outdoor seating should hours extend through the evening


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Traffic concerns were raised and an inappropriate site for a shopping precinct

Concerns were raised in relation to the height, location and illumination of the proposed pylon signs.

Concerns were raised regarding the potential adverse impacts to the neighbourhood caused by noise pollution.

Summary of Applicant’s response to representations received

Land Use

The proposed development is of a mixed-use nature which is a form of development encouraged within the zone as highlighted in PDC 1 below. The mixed-use development also broadly adheres to the Multi Function Polis (Levels) Zone that outlines that both “commercial” and “residential” development are envisaged forms of development in the zone.

The Desired Character of the zone (amongst other things) anticipates that development will be comprehensive and integrated to ensure it is mixed use in nature and that the zone is a center for business development and contributes to the improvement of physical, social and economic conditions in surrounding communities. The proposal will enhance the existing character of the locality through the provision of additional ‘day to day’ retail tenancies and the introduction of an additional form of housing choice for students close to schools, universities and the institute, and in doing so will complement the streetscape and mixed character of the locality.

Hours of Operation

The retail tenancies have been provided with a variety of floor sizes and layouts in order to attract and provide for a mix of tenants to utilise these spaces. Each of the tenancies front the internal mall area with the outer tenancies providing active street frontages. At present not all of the retail spaces have actual tenants, however there has been considerable interest in the market place for a variety of retail uses. The proposed development has been sited and designed to minimise negative impacts of noise and to avoid unreasonable interference with adjoining land uses. Vehicular and pedestrian traffic is encouraged to access the commercial spaces via the main entrance and car park on the western side of the proposal, adjacent to the approved petrol station. The applicant is currently seeking standard hours of operation for the retail tenancies. Although not anticipated, any extension to the hours of operation proposed may require the further consent of Council. It would be via that process when the increase in activity would be considered and the implications of any associated additional noise would be taken into consideration. The proposed development is of a mixed-use nature that has been designed to integrate a range of uses including living, working, learning, retail, and business activities and will complement the Multi Function Polis (The Levels) Zone and the locality.

Signage

Signage is limited to two free-standing pylon advertising signs to address each of the public roads along with a couple of smaller building board signs, which are considered to be both a reasonable and orderly outcome for a commercial development of this size and in this location. Both pylon signs have been relocated in response to the concerns raised and are placed wholly on the subject land with the sign board nominating the name of the centre at the top and the 3 largest


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tenancies dropping down the pylon. The siting of the proposed signage is not considered to be in a dangerous or obstructive location. The location of both signs has been directed to the western end of both road frontages to provide the greatest separation from road intersections and corners thereby reducing any distraction to motorists. The size of the sign fronting Elder Smith Road is consistent with the sign approved as part of the adjoining petrol station development and will not unreasonably impact on the visibility of this or other signs within the locality. The pylon sign to Capital Street is of the same design but of a smaller scale than the sign fronting Elder Smith Road. The reduced scale of this sign is in recognition of the road’s reduced more pedestrian scale and slower speed limit, and to relate to the adjoining residential development.

Access and Traffic Movements

A Transport Impact Assessment prepared by GTA Consultants was prepared and forms part of the supporting documentation for the application. The GTA Transport Impact Assessment indicates that the proposed development will not create ‘unacceptable traffic impacts’ on the surrounding road system and provides a safe and convenient access entering and exiting the site in a forward direction. GTA consultants provided a supplementary report to address the points raised during the consultation. This supplementary report highlights discussions recently being held with Department of Planning, Transport and Infrastructure (DPTI) regarding design requirements for access from Elder Smith Road that has been ongoing for a period of time. These design requirements were able to be achieved and an amended plan has been produced for DPTI’s consent. The ability to develop a slip lane for both this project and the adjoining petrol station in order to gain suitable access from Elder Smith Road will be worked through between the parties to form a civil agreement on associated cost (as required). The supplementary report indicates that the access point to Capital Street will be designed of suitable width at the kerb to ensure the required vehicles can exit to Capital Street. Some additional parking restrictions may be required, however these would only be necessary along the frontage of the site and will not impact other properties. Given the proposal straddles two existing allotments with only one access point proposed to Capital Street, the inherent ‘right’ of the second allotments to have a cross-over can be made-up with the limitations in street car parking for truck movements. The frequency of large delivery vehicles entering the site is expected to be low with other deliveries being made by small vehicles or courier vans. Furthermore, it is expected that anticipated traffic volume in Capital Street will be within the capacity of the street. In respect to potential conflict between vehicles on site, the proposed car parking layout has been designed in accordance with ‘Australian / New Zealand Standard for Off Street Car Parking’. Part 1 of the attached report highlights a number of minor adjustments to the plans including a low mountable kerb to physically define the car park circulation road from the truck manoeuvring area, and the relocation of the disabled parking spaces to the eastern side adjacent the mall building. The existing disabled parking spaces have been designated as small car spaces, which now allows trucks to manoeuvre into and out of the loading area without encroaching over any parking spaces. The Traffic Impact Assessment indicates the proposed parking layout is consistent with the dimension requirements set out in this standard, and that provision is made for all access arrangements to operate safely and efficiently into the future.


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Car Parking

The car park at ground level has been provided with 28 car parking spaces for clients to the retail tenancies and some dedicated staff car parking, four of which are designed for disabled persons with access provided from Elder Smith Road and Capital Street. There is also an undercroft car park provided with a dual ramp access to a further 125 car parking spaces with 13 dedicated staff spaces. There is a total of 153 car parking spaces provided for the development over two levels that has been appropriately justified in the Transport Impact Assessment prepared by a qualified and suitably experienced traffic engineering firm, GTA Consultants. Documentation supplied by a representor indicates that the car parking demand will be such that there is a shortfall of up to 117 spaces. This is not considered to be correct as the traffic assessment provided by GTA also provided a detailed assessment and justification that sufficient levels of car parking has been provided to meet the requirements of the Development Plan in a manner that meets the relevant Australian Standards. The in-depth report provided by GTA provides the rationale on appropriate car parking rates for the retail and student accommodation components of the project wherein relevant survey data is utilised to justify the car parking numbers provided on the subject land with reference to close proximity and easily accessible public transport routes and provision of 16 retail bicycle racks and 141 student accommodation bicycle racks.

Copies of the Representations received and the Applicant’s response are provided in the ATTACHMENTS.

5 REFERRALS – STATUTORY

AGENCY COMMENT DPTI

Whilst GTA Consultants Preliminary Plan 14A1108000-D02-01P1, dated 20 June ’14, presented by Hot Property depicts access to the Hot Property site and the OTR site, DPTI considers this plan to be a concept only that shows that access to both sites is possible. DPTI approved the access to the Hot Property site in-principle, treating it as a standalone access, as no concrete timelines for either the OTR or Hot Property projects were presented to us and at the time OTR were unwilling to communicate with Hot Property regarding the access arrangements. This was done in order to ensure that the Hot Property proposal was given consideration consistent with the OTR proposal and indeed all other developments referred to DPTI.

I will reiterate that the GTA Consultants Preliminary Plan is just a concept. Detailed design will be used to ensure the safest design is found to provide access to both the Hot Property and OTR sites and given the deceleration lane will be built within land owned by the Commissioner of Highways, DPTI will need to approve the detailed design/construction of these road works.

It is understood that OTR are concerned that detailed design may result in the relocation of the OTR access point to such a degree that the internal operation of the service station will be affected, however DPTI are comfortable that GTA Consultants Preliminary Plan provides a safe solution for the access arrangements that is likely to require minimal adjustment in detailed design, especially with respect to the location of the OTR access point.

Given OTR’s concerns and Hot Property’s justified reluctance to move ahead with detailed design prior to receiving planning approval, DPTI are willing to state that access to the Hot Property site via Elder Smith Road is agreed to in-principle on the proviso that the location of the OTR access, as approved in DA 361/2065/2012/2B, remains generally unchanged, with the understanding that it may be modified as per GTA Consultants Preliminary Plan to ensure the safest arrangement for access into both the OTR and Hot Property sites is catered for.

A Copy of the Referral response is provided in the ATTACHMENTS.


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6 COUNCIL COMMENTS

DIVISION COMMENT Development Engineering

The Stormwater Management Plan that was submitted as part of the application is to Council’s Engineering Department’s satisfaction. No amendments or conditions were required.

Traffic Council’s Civil Design & Traffic Section has reviewed the Traffic Impact Assessment

Report prepared by GTA Consultants for the proposed Mixed Use Development at this site, and agrees in principle with the ten (10) conclusions listed in this report. The vehicular activity to be generated by this site is subject to the two levels of student accommodation which is proposed as part of this mixed use development to be permanent and without any “change of use” at this site from student accommodation to residential tenancy that relies on off-street parking. According to the Traffic Impact Assessment Report, parking for student accommodation for this type of mixed use development is not required due to the layout of the Mawson Lakes Development was designed to function as a Transit Orientated Development (TOD) where the predominant modes of transportation are cycling and walking 2). In regards to the shared access arrangement for entry only as shown on the layout plans for both the petrol station (which has been approved) and the ground-level & basement car park area for the commercial development on the ground floor at this site, the efficient and safe operation of this type of shared access will be subject to the installation of a taper & deceleration lane (to be of an appropriate length based on the sign-posted speed limit along Elder Smith Road) as recommended in the Traffic Impact Assessment Report from GTA Consultants 3). Please be advised that the layout of this shared access arrangement to provide entry to both sites, and the installation of this type of auxiliary lane treatment along Elder Smith Road which is the responsibility of the State Government Road Authority, will require review and approval by the Department of Planning, Transport & Infrastructure (DPTI). Council’s Development Services - Planning has advised the Civil Design & Traffic Section that this development application has been referred to the Department of Planning, Transport & Infrastructure (DPTI) for review and comment 4). At present, existing traffic volumes along Elder Smith Road are at capacity and it is anticipated that this road alignment will be upgraded by DPTI which will be subject to the priorities for improvements to the metropolitan road network by the State Government. The proposed duplication of this road alignment will also involve modifications to existing traffic control layouts at junctions which may impact on the suitability of the location and layout of a shared access arrangement to be designed to service both these sites 5). From a review of both entry and egress, and the internal circulation of vehicles as shown on the site layout plans, Council’s Civil Design & Traffic Section is satisfied with all internal vehicle movements by a combination of standard passenger and commercial vehicles, and all vehicle movements for egress via Capital Street for access to Elder Smith Road from either Central Link or alternatively Metro Parade and Main Street 6). From a review of the car park layout for the commercial development on the ground floor at this site, there is a 4-way intersection formed by a 2-way access between these two sites. For the purpose of maintaining efficient and safe internal traffic flow within this car park area, some form of control is required on opposite approaches for the operation of this 4-way intersection, e.g. either a Give-Way or a Stop sign with holding lines; and 7). To avoid any conflict between standard passenger and commercial vehicles within the car park area, it is assumed that the delivery of bulk goods for the supermarket and other retail outlets that will operate at this site by 14.0 metre articulated vehicles will occur outside of regular business hours.


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In summary, the viability of the proposed mixed use development at this site is subject to the approval by DPTI of the location and layout of a shared access arrangement to be designed to service both these sites. This feature of this mixed use development will also be subject to the proposed duplication of the existing alignment as part of an upgrade of Elder Smith Road..

Property Council’s Property Services Department have granted authorisation for the

balconies of the student accommodation facility on both Elder Smith Road and Capital Street to encroach over the road reserve along with the awning to overhang the footpath on Capital Street. This approach is consistent with several developments within the Mawson Lakes precinct.

Urban Policy The Division is supportive of the mixed use concept within this locality given the

close proximity to public transport, and particularly the Mawson Lakes interchange. The proposed Mawson Lakes Development Plan Amendment proposes to amend the zoning from MFP (The Levels) to Urban Core zone. The draft zone policy anticipates a mix of uses including medium to high density residential development in a range of dwelling types in close proximity to public transport corridors (e.g the train line). Development adjacent to fixed transit is encouraged on the ground floor to create visual interest, and student accommodation is strongly encouraged in the core area (which this site will be in) to assist in delivering an overall mix of residential activity in the area. No objections to the proposal subject to resolution of traffic and access issues, and clarification of car parking provision. The report identifies that 28 car parking spaces are allocated towards the student accommodation component. No discussion is provided with regard to how this car parking allocation may be managed. It would be desirable for this to be addressed, perhaps through the Unit Management, to ensure residents’ expectations are managed (i.e. aware that there is not designated parking or a space available for each unit). It is agreed that the location of the proposal lends itself to a reduced reliance on private vehicle use. It is worth noting also, that the Core Zone also currently proposes off-street car parking rates for shops at 3 parking spaces per 100 square metres of gross leasable floor area. The provisions also references that a lesser car parking rate may be applied for student accommodation facilities.

Copies of the internal referral responses are contained in the ATTACHMENTS.

7 DEVELOPMENT PLAN ASSESSMENT

7.1 Seriously at Variance Pursuant to Section 35(2) of the Development Act 1993 it is considered that the proposal is not seriously at variance with the Salisbury (City) Development Plan – Consolidated 22 August 2013. The following reasons are proffered to support this recommendation:

The proposed mixed use development is consistent with the provisions of the Multi Function Polis (MFP) Zone which seeks to encourage mixed use development in appropriate locations.

The proposed development has no unreasonable external impacts. 7.2 Land use The primary intent of the MFP Zone is to accommodate the University of South Australia’s Mawson Lakes Campus and the continuation, expansion and intensification of education, research and development high technology industry, commercial, light industrial, recreational, the Metropolitan Open Space System, and drainage uses, in a manner which is consistent with the future mixed use development of the zone.


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Development must also contribute to the desired character of the Zone, which seeks to ensure that proposals are mixed use in nature with integrating living, working and learning land uses. Development should provide a broad range of housing types and tenures at medium net density dwelling densities. In accordance with the above, it is considered the proposed mixed use development comprising retail tenancies and student accommodation is consistent with the intent of the Zone. The development is ideally situated within 450 metres of the Mawson Lakes Interchange, 280 metres to the main retail precinct in Main Street and 290 metres to the University. All distances are measured along existing footpaths and walking routes and are considered to be convenient, limiting the need for the use of vehicles for students within this proposed development. The mixed use development also serves as a local centre in itself, with a supermarket, café and other retail tenancies being provided on site. Objective 1 of the Interface between Land Uses policy stipulates that Development (be) located and designed to prevent adverse impact and conflict between land uses. PDC 1 and 2 state that Development should not detrimentally affect the amenity of the locality or cause unreasonable interference and should be sited and designed to minimise negative impact on existing and potential future land uses considered appropriate in the locality. As part of the application, the applicant submitted drawings, both in cross section form and site plans, which shows existing and potential future development on abutting allotments to the west, south and east. The plans detail the design response to these sites, including the provision of overlooking detail for the proposed 8 storey mixed use development to the east. It is considered that the proposal has adequately demonstrated, in terms of land use objectives, that the proposal to develop a three storey retail and accommodation facility will not unreasonably impact on amenity of the locality and is therefore an appropriate land use.

Objective 3 (Residential Development) promotes higher dwelling densities in areas close to centres, public and community transport and public open spaces. The proposal supports that objective. 7.3 Siting, Design and Appearance The proposed design of the development is considered to achieve the objectives of the MFP Zone and also design and appearance, centres and retail development, siting and visibility and residential development policies within the General Section of the Salisbury Development Plan for the reasons outlined below; Centres and retail development PDC 1, 2 & 6

Development within centres should: (a) integrate facilities within the zone (b) allow for the multiple use of facilities and the sharing of utility spaces (d) be integrated with public and community transport.

Development within centres should be designed to be compatible with adjoining areas. This should be promoted through landscaping, screen walls, centre orientation, location of access ways, buffer strips and transitional use areas.

The design of undercroft or semi-basement car parking areas should not detract from the visual quality and amenity of adjacent pedestrian paths, streets or public spaces.

Design and appearance

Objective 1

Development of a high architectural standard that responds to and reinforces positive aspects of the local environment and built form.

PDC 1-5

The design of a building may be of a contemporary nature and exhibit an innovative style provided the overall form is sympathetic to the scale of development in the locality and with the context of its setting with regard to shape, size, materials and colour.


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Buildings should be designed and sited to avoid creating extensive areas of uninterrupted walling facing areas exposed to public view.

Buildings should be designed to reduce their visual bulk and provide visual interest through design elements such as:

(a) articulation (b) colour and detailing (c) small vertical and horizontal components (d) design and placing of windows (e) variations to facades.

Where a building is sited on or close to a side boundary, the side boundary wall should be sited and limited in length and height to minimise:

(a) the visual impact of the building as viewed from adjoining properties (b) overshadowing of adjoining properties and allow adequate sun light to neighbouring buildings.

Building form should not unreasonably restrict existing views available from neighbouring properties and public spaces.

PDC 9, 13 & 14

Building design should emphasise pedestrian entry points to provide perceptible and direct access from public street frontages and vehicle parking areas.

Where applicable, development should incorporate verandas over footpaths to enhance the quality of the pedestrian environment.

Development should be designed and sited so that outdoor storage, loading and service areas are screened from public view by an appropriate combination of built form, solid fencing and/or landscaping.

The overall form and appearance of the building is considered to provide a positive contribution to the existing streetscapes. The architectural form, massing and detailing of the facades create a design response that is visually interesting and well articulated. The building has activation from both Capital Street and Elder Smith Road with no blank walls presenting to the public realm, awnings over portions of Capital Street, an outdoor deck area associated with the café, which will provide direct surveillance along with the Capital Street entries and help to create vibrancy within the street. The placement of large areas of glazing along the Capital Street frontage, with the escalators in behind and feature lighting, is designed to create activity on the streetscape and a sense of integration with pedestrians. This is considered to be an excellent example of good a urban design outcome and which helps to generate additional passive surveillance with Capital Street. The use of the rusty steel cladding over the café area for the overall height of the building will create an interesting focal point from both Capital Street and Elder Smith Road. This material is considered to be architecturally distinctive and will create a point of difference to the surrounding colourful but largely rectangular tilt slab built form. The use of stained timber above the main entrance along with the textured rendered walls, to be painted soft earthy greys, will result in a contemporary design that will provide visual interest and reduce the appearance of bulk. The overall height of the building of 15.6 metres is compatible with surrounding built form and consistent with the desired density and scale for this precinct. The design of the student accommodation level is a creative response to the provision of this form of accommodation. The use of inward looking balconies over the internal laneways with raised garden beds and bench seats intersecting the space, creating small break out areas is a good design outcome, which also encourages safety as an intrinsic part of the design and layout. The proposed communal area in the southern portion of the site is of a size and layout such that it will provide a functional space for the students, particularly with the provision of a lounge area, laundry and small gym. The internal layouts of both the retail facility and the student accommodation units are considered to be functional and are able to comply with the National Construction Code (NCC) and Disability Discrimination


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Act,1992. Four accommodation units have been specifically designed to accord with AS 1428.1-2001, which is for access and mobility. 7.4 Overlooking The development plan requires that overlooking opportunities are avoided and this is reflected in PDC 29 and 30 (Residential Development) as detailed below;

Upper level windows, balconies, terraces and decks should have a sill height of not less than 1.7 metres or be permanently screened to a height of not less than 1.7 metres above finished floor level to avoid overlooking into habitable room windows or onto the useable private open spaces of other dwellings.

Permanently fixed external screening devices should be designed and coloured to blend with the associated building’s external material and finishes.

The sectional detail (See Drawing No. DA 620) shows divisional wing walls between upper storey balconies to prevent direct overlooking into these spaces within the student accommodation level. There are a small number of windows that have direct overlooking into other habitable room windows (within a 3 metre separation distance) and these could be treated with a screening device via a condition, however it would need to be done in a manner which did not restrict adequate daylight into each unit. 7.5 Overshadowing Given the orientation and layout of the student accommodation level it is difficult to avoid overshadowing in accordance with PDC 10, 11 and 12 (Residential Development) which states;

The design and location of buildings should ensure that direct winter sunlight is available to adjacent dwellings, with particular consideration given to:

(a) windows of habitable rooms, particularly living areas (b) ground-level private open space (c) upper-level private balconies that provide the primary open space area for any dwelling (d) access to solar energy.

Development should ensure that north-facing windows to habitable rooms of existing dwelling(s) on the same allotment, and on adjacent allotments, receive at least 3 hours of direct sunlight over a portion of their surface between 9 am and 5 pm on the 21 June.

Development should ensure that ground-level open space of existing buildings receives direct sunlight for a minimum of two hours between 9 am and 3 pm on 21 June to at least the smaller of the following:

(a) half of the existing ground-level open space (b) 35 square metres of the existing ground-level open space (with at least one of the area’s

dimensions measuring 2.5 metres).

Development should not increase the overshadowed area by more than 20 per cent in cases where overshadowing already exceeds these requirements.

Shadow diagrams have been submitted which show that during winter only some of the dwellings receive the required amount of daylight and most will be in shadow. However there are common areas throughout the development that will receive sunlight during winter and occupants will be able to access and utilise these space as required. During summer, access to daylight is suitable for the majority of units. The dwellings that have northerly aspect will have a 1.4 metre shading device, which is a boxed type canopy and will prevent these bedrooms and balconies from being too hot and unusable. 7.6 Ventilation There is adequate cross ventilation across the student accommodation level due to the inclusion of the laneways and adequate windows within each unit.


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Ventilation of the undercroft car parking level has been included in the design to accord with the Building Code of Australia (BCA) which includes natural ventilation with two large ventilation grills along the northern boundary and due to the size of the car parking area, mechanical exhausts are also to be used. 7.7 Noise and Amenity An acoustic report was submitted with the application which addresses existing noise sources, acoustic separation between units, the Environment Protection (Noise) policy 2007 (EPP), impacts of proposed noise sources such as the loading bay, undercroft car parking area and retail area. The report prepared by ViPAC Engineers, dated 27

th February 2014 (see ATTACHMENTS – supporting

information) made several recommendations in order for the development to comply with the National Construction Code (NCC) and the EPP and which suitably treat the following;

walls between accommodation units,

floor construction separating accommodation and retail,

lifts and stairwells,

glazing,

mechanical services,

floor/ ceiling construction in each accommodation unit, and

loading bay. It was recommended that loading and unloading times be restricted to between 7am and 10pm only. Based on the recommendation of the suitably qualified acoustic engineer, it is considered that residential amenity is able to be protected in accordance with the EPP in particular, and therefore achieve the intent of PDC 31, 32, 34 and 35 (Residential Development). 7.8 Access and security The student accommodation level is to be accessed directly via a lift and stair well from Capital Street. A security card will be required to access this level and will be issued to each resident. The entrance is clearly defined and visible, with the added bonus of being directly viewed from south facing balconies within the development and also from balconies on the opposite side of Capital Street. Directed and baffled exterior lighting will be needed under the awning, adjacent to the entrance, to ensure visibility during the evening. There will also need to be adequate lighting to define the two entrances into the retail facility during the evening. 7.9 Signage The principal advertising policy objectives within the Salisbury Development Plan are as follows;

Urban and rural landscapes that are not disfigured by advertisements and/or advertising hoardings.

Advertisements and/or advertising hoardings that do not create a hazard.

Advertisements and/or advertising hoardings designed to enhance the appearance of the building and locality.

PDC 1(c) (Advertisements) states that signage should be co-ordinated with and complement the architectural form and design of the building they are to be located on and PDC 2 states that; The number of advertisements and/or advertising hoardings associated with a development should be minimised to avoid: (a) clutter, (b) disorder, (c) untidiness of buildings and their surrounds, and (d) driver distraction.

In consideration of this, the proposed signage is not considered to be excessive and will not create disorder or hazard and does not result in the proliferation of signage.

The nine metre high pylon sign is consistent with the scale and size of the recently approved pylon sign on the adjacent land to the west and the location has been adjusted following the representations to now sit wholly within the subject land. Neither pylon signs will interfere with sightlines and are appropriately designed and sited. Signage on the building itself has been kept to a minimum with consolidated business identification signs to be integrated into the corten steel feature on the Elder Smith Road frontage. The signage on the building however will need to form part of a separate development approval application, given that no dimensions/details have been provided.


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On the whole, the proposed pylon signage is clean and simple and is considered to complement the built form. 7.10 Car Parking The MFP Zone does not currently specify a statutory car parking rate for retail facilities, however Table Sal/2 - Off Street Vehicle Parking Requirements specifies, 5 spaces per 100m² for a shop within centre zones. A Traffic Impact Assessment was submitted with the application and which was prepared by GTA consultants (see ATTACHMENTS). It is the view of the traffic consultant that a rate of 4 spaces per 100m² is appropriate based on the following;

The South Australian Policy Library standard for non-residential development requires 3-5 spaces per 100m².

Empirical parking rates in metropolitan Adelaide states that average peak demand is 4.0 spaces per 100m² of retail space, with 3.6 spaces on average nationally.

The proximity to the interchange is an appropriate consideration in terms of interpretation of the correct rate to apply.

Based on a gross leasable floor area (GLA) of 3174m2, 126 car parking spaces are required. 154 spaces have been provided in total which includes 13 staff car parks and 4 disabled spaces. The required car parking rate pursuant to the Off Street Vehicle Parking Requirements, based on 5 spaces, is 158 spaces in total for the retail facility. However in consideration of empirical car parking demand rates for metropolitan Adelaide and that the subject land is within 450m and convenient walking distance to the train station, a lesser rate of 4 spaces per 100m² is considered suitable. It is also noted that the Statement of Intent for the Mawson Lakes DPA which does not have any force or effect as yet, envisages, given the nature of this Transit Orientated Development (TOD) site, a rate of 3 spaces per 100m² of retail space is adequate. Based on the provision of 125 car parking spaces (at a rate of 4 per100m²) there is a surplus of 28 car parking spaces that can be utilised by the student accommodation component of the development. There is no prescribed car parking rate for student accommodation in the Council’s Development Plan, however it is generally accepted in current planning practice that dwelling car parking rates are not applicable. (This view is derived from Whittington & Ors v City of Burnside & Domain Project Development Pty. Ltd and Morris v City of West Torrens 2011 SAERDC 32.) On the basis of the location of the site, the proximity to the University, the clear intent to use the proposed accommodation units for student accommodation, the provision of 141 bike parks and the proposed car sharing and hire scheme, it is considered that 28 on site car parks is adequate and will not cause an adverse impact on adjacent owners and occupiers or on the function of retail facility. Accordingly the additional car parks could be allocated to the shopping centre or student accommodation at the discretion of the building owner/manager. In terms of the design of the car parking area, the layout complies with the relevant Australian Standards (AS/NZS2890.1:2004 and AS/NZS2890.6:2009) and is considered to allow for safe and efficient internal vehicular movements. The subject site is within a car parking fund area that has been formally gazetted, which would allow Council to be compensated by a contribution to the fund for any car parking shortfall. This however has not been canvassed with the applicant, as traditionally applicants have not been asked to contribute to the fund outside of the core town centre. In addition the parking analysis indicates the provision of adequate parking for the proposed uses, taking into account the location of the development site and its proximity to public transport, and the proposed management arrangements for the development. 7.11 Traffic and Access The proposal involves direct ingress into the subject land from Elder Smith Road, which is owned and controlled by the Department of Transport and Infrastructure (DPTI).


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The application was referred to DPTI Transport Service Division (TSD) as a Schedule 8 referral, as the proposal is to create a new access onto a secondary arterial road. Access to the site from Elder Smith Road is designed to utilise the layout conceptually approved for the development of the proposed service station (On the Run) on the adjacent site. This design incorporates a deceleration lane commencing 10 metres from the intersection with Main Street and which, prior to this application, led into the ‘On The Run’ site only, with the proposed access to this site curving left, towards the western boundary. With the formulation of this proposal, and in consultation with TSD, it was deemed appropriate to slightly modify this deceleration lane to serve both sites. The TSD schedule 8 response is framed in support of this conceptual design solution. The design detail would need to be resolved prior to the issue of full Development Approval and could be dealt with as a reserved matter. The affected adjacent land owner – Peregrine Corporation - has expressed in their representation the view that the access arrangements agreed to by DPTI result in the need for internal alterations to their development, and is an unsafe design which has a high risk of vehicular conflicts, and creates difficulty for fuel tankers entering their site. Consultation was undertaken with TSD, the applicants, GTA consulting, the representor and their traffic consultant, Phil Weaver and Associates in order to progress the design discussion, and ascertain how the proposed access arrangement will result in internal alterations to the approved development on the adjacent site. The representor did not provide any detail as to how the access would result in unacceptable alterations. TSD subsequently confirmed that the service station entrance would not be altered and that the second access to the subject site can be accommodated without impact on On the Run. Accordingly, notwithstanding the design outcome for shared access has not been fully resolved (ie detailed design) this does not detract from the fact that the access arrangements as proposed can be provided adequately to both sites to the satisfaction of TSD. If no agreement is ever reached at the design detail stage, then Council is confident as is TSD that the development is not ‘hypothetical’ and can be constructed in its own right as per the Proposed Access Plan dated 20 June 2014. Council’s traffic engineer is also satisfied that the access/egress onto Capital Street is designed to comply with Australian Standards. The design of the loading and unloading area is considered an adequate solution with chevron line marking to create a defined bay which is separate from the main entrance into the site. Movements are able to be made conveniently with minimal conflicts. Loading/unloading hours are proposed to be limited to 7am to 7pm Monday to Saturday. 7.12 Stormwater A Stormwater Management Plan was submitted with the proposal is satisfactory and ensures stormwater is not directed onto Elder Smith Road. The proposed management of stormwater is considered to comply with the relevant policy objectives of the Salisbury Development Plan and no conditions are recommended. 7.13 Encumbrance The encumbrance manager, architects Hames Sharley, have reviewed the proposal in terms of the encumbrance approval and have stamped and approved the plans accordingly (see ATTACHMENTS). They are of the view that the mixed use development is consistent with the strategic intent for this site and are satisfied with the design elements of the building. 7.14 Landscaping The primary objective of the Landscaping, Fences and Walls policy within the Development Plan is to enhance the amenity of land and development enhanced with appropriate planting and other landscaping works, using locally indigenous plant species where possible. Functional fences and walls must also enhance the attractiveness of development.


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PDC 1 requires that development should incorporate open space and landscaping and minimise hard paved surfaces in order to:

(a) complement built form and reduce the visual impact of larger buildings (eg taller and broader plantings against taller and bulkier building components) (b) enhance the appearance of road frontages (c) screen service yards, loading areas and outdoor storage areas (d) minimise maintenance and watering requirements (e) enhance and define outdoor spaces, including car parking areas (f) maximise shade and shelter (g) assist in climate control within and around buildings (h) minimise heat absorption and reflection (i) maintain privacy (j) maximise stormwater re-use (k) complement existing vegetation, including native vegetation (l) contribute to the viability of ecosystems and species (m) promote water and biodiversity conservation.

The proposed landscape design is generally satisfactory and complies with the above mentioned policies. However, an agreement was reached with the applicant to amend the landscaping plan to replace the ornamental pear with a native canopy trees and the Japanese Maple and Dogwood replaced with Fruit Trees within the raised garden beds on the terrace area. This is included as a condition in the recommendation. In addition, and agreement will be required between Council and the applicant for a new landscaping outcome and maintenance of footpath provision along Elder Smith Road as a result of the proposed slip lane and vehicle entry.

8 CONCLUSION

The proposal to develop this mixed use development is considered to comply with the relevant provisions of the Salisbury Development Plan. The proposal accords with the strategic intent for this transit orientated development area and results in a design response which will make a positive contribution to this precinct. The siting and design is an excellent example of good urban design, with interesting and attractive earthly colour palette, lineal forms, distinctive entrances and which ultimately activates Capital Street, in a manner which should add vibrancy to the northern section of Main Street. Access to the site has been adequately demonstrated by suitably qualified traffic engineers that it can comply with Australian Standards and Safe Intersection Site Distances (SISD). Provision of access to the site can desirably be integrated with the provision of access to the adjacent site, however it is not incumbent on the development of the approved service station on the adjacent land and can be provided in its own right if necessary. Car parking and all other servicing and functional arrangements for development and operation of the site are adequately addressed and meet the relevant provisions of the Development Plan. After receiving legal advice (see ATTACHMENTS) Council is satisfied that the accommodation units are intended to be used for student use and there is sufficient weight in the description and the documentation in support of the application, provided the house rules document is endorsed to form part of any consent. In order to reinforce this, a condition should be applied that specifically restricts occupants to students, as defined on page 6 of the planning report submitted with the application. It is also a possibility that should a subsequent community title land division be submitted to Council, the scheme description should reiterate the intent of any approval and reference the endorsed house rules document. As such the proposal is considered appropriate and will not result in adverse impacts to surrounding owners and occupiers and that the Development Assessment Commission approve the Mixed Use Development (3 Storey) comprising supermarket, 11 shops and 79 student accommodation units and associated signage.


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9 RECOMMENDATION

It is recommended that the Development Assessment Commission: (1) RESOLVE that the proposed development is not considered to be seriously at variance with the

Salisbury (City) Development Plan – Consolidated 22 August 2013.

(2) RESOLVE pursuant to Section 33 of the Development Act 1993 to GRANT Development Plan Consent to application number DA 361/453/2014 for a Mixed Use Development (3 Storey) comprising supermarket, 11 shops and 79 student accommodation units and associated signage at 6-12 Capital Street, Mawson lakes in accordance with the plans and details submitted with the application and subject to the following conditions and advisory notes:

CONDITIONS

1. The proposal shall be developed in accordance with the details and Council stamped approved plans

lodged with the application, except where varied by the conditions herein. Reason: To ensure the proposal is established in accordance with the submitted plans.

2. Prior to the grant of full development approval a Student Accommodation Facility Management Plan must be submitted to and approved by the Council. When approved the, plan will be endorsed and form part of this consent. All activities forming part of the use must comply with the endorsed plan. The plan must include (but not limited to);

a) Measures to control noise on the premises b) Car sharing hire arrangements c) Security measures regarding entry to the student accommodation level d) ‘House rules’

3. Prior to the grant of full development approval, an amended landscape plan must be submitted to and

approved by the Council. When approved, the plan will be endorsed and will then form part of this consent. The landscaping plan must be generally in accordance with the landscape concept plan dated 06/14 prepared by Outerspace Landscape Architects. The plan must show:

a) A survey of all existing vegetation and natural features; b) The area or areas set aside for landscaping which includes raised gardens beds within the

laneways on the student accommodation level which incorporates edible garden design with at least three gardens bed set aside for this purpose.

c) A schedule of all proposed trees, shrubs/small trees and ground cover. d) The location of each species to be planted and the location of all areas to be covered by grass,

lawn or other surface material; e) Paving, retaining walls, fence design details and other landscape works including areas of cut

and fill; f) Appropriate irrigation systems;

4. Prior to the grant of full development approval dimensioned and to scale plans of the signage on the

building hereby approved, must be submitted to Council and to Council's satisfaction. When approved the, plan will be endorsed and form part of this consent.

5. The residents of the student accommodation facility shall be restricted to ‘students’ that are enrolled in,

and attending at, a secondary or tertiary educational establishment in South Australia; or a student enrolled in, an attending at, an English Language or other course undertaken as a pre-requisite to administration to a secondary or tertiary educational establishment in South Australia.

6. Unless with the prior written consent from the Council, the retail and commercial uses hereby permitted may only operate between the following hours:

Monday to Friday : 7:00am to 9:00pm

Saturday : 7:00am to 5:00pm

Sunday : 9:00am to 5:00pm

Hours of operation for Public Holidays shall operate according to Sunday trading hours. Reason: To limit the effect of nuisance to residents living in the locality.


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7. Unless with the prior written consent of the Council, deliveries to and from the site (including waste collection) must only take place between the hours of 7:00am-7pm, Monday to Saturday only. Reason: To limit the effect of nuisance to residents living in the locality

8. A fixed screening device to the satisfaction of Council, shall be constructed over each window on the

second floor of a student accommodation unit, where there is an adjacent habitable room window within three (3) metres and direct overlooking . 9. No permanently fixed sound amplification equipment or loud speakers shall be used for purposes of an-

nouncements or playing music so as to be audible on adjoining land except with the prior written consent of the Council.

Reason: To limit the effect of nuisance to residents living in the locality.

10. All mechanical services to the building shall be designed, installed and operated in such a manner that any person or persons living within or adjacent to the site should not be subjected to any nuisance or inconvenience from noise or fumes.

Reason: To limit the effect of the mechanical services for activities on the subject land within the

site, thereby maintaining the amenity of the locality.

11. Any air-conditioning units shall be wall mounted within the development and shall suitably concealed and clad to match principle buildings or of a material which is to the satisfaction of the Council.

Reason: To enhance the amenity of the locality

12. Landscaping shall be established within 6 months of the practical completion of the development herein approved and in accordance with an approved landscape plan, and shall be nurtured and maintained in good condition at all times, to the reasonable satisfaction of the Council.

Reason: To ensure landscaping is established and that it is well maintained.

13. 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 the Council.

Reason: To maintain the amenity of the locality.

14. During the period that the development is being undertaken all paper, plastic, rubbish and other waste material associated with the building work shall be appropriately secured. It is a requirement to ensure that all waste material is secure and contained on site until removal to ensure the work site is kept safe and tidy at all times. Litter and waste material resulting from the subject land shall not pollute or contaminate adjacent properties and is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council.

Reason: To maintain the tidiness and amenity of the locality.

15. A minimum of 153 car spaces must be provided on the land for the development hereby permitted, to

the satisfaction of the Council.

16. Access to buildings and designated carparking spaces shall be designed and constructed in accordance with the provisions as outlined in the “Guidelines for the Provision of Parking for People with Disabilities in South Australia” (March 1993) and in accordance with AS 1428 Parts 1, 2 and 4.

Reason: To ensure that the development complies with the Disability Discrimination Act 1992.

17. Vehicle parking bays shall be provided with wheel stops and shall installed in each parking bay to

prevent damage to adjoining fences or buildings.

Reason: To prevent damage to fences and buildings thereby preserving the amenity of the locality.


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18. All driveway, access and car parking areas shall be designed, constructed and sealed to provide an impervious hard wearing surface in a manner satisfactory to Council.

Reason: To provide all weather parking and vehicle access. 19. Before the use commences, the area(s) set aside for the parking of vehicles and circulation as shown

on the endorsed plans must be:

a) Constructed; b) Properly formed to such levels that they can be used in accordance with the plans; c) Surfaced with an all-weather sealcoat or treated to the satisfaction of the Responsible Authority to

prevent dust and gravel being emitted from the site; d) Drained and maintained; e) Line marked to indicate each car space and all access lanes; f) Clearly marked to show the direction of traffic along access lanes and driveways;

to the satisfaction of the Council. Car spaces, access lanes and driveways must be kept available for these purposes at all times, to the satisfaction of the Council.

Reason: To ensure that the development complies with standards and best engineering

practice.

20. . All disused and redundant vehicle crossings must be removed and the area reinstated to footpath, kerb and channel to the satisfaction of Council. Additionally, the footpath along the Elder Smith Drive which is to be demolished as part of this approval must be reinstated to the same standard as existing, with exposed aggregate, to the satisfaction of Council, and landscaping undertaken in the verge area to Council's satisfaction.

Reason: To ensure that the development complies with standards and best engineering practice,

and the amenity of the streetscape is maintained or improved.

21. The loading and unloading of goods from vehicles must only be carried out on the land (within the designated loading bay) and must not disrupt the circulation and parking of vehicles on the land, to the satisfaction of the Relevant Authority.

Reason: To ensure that the development complies with standards and best engineering practice.

22. This approval includes approval for the two pylon signs only. Approval for other signage shown

indicatively on the plans will require a separate application to Council.

23. Apart from any signs, which may be permitted for the zone, no advertisement or advertising display, including portable easel or A-frame signs, other than those depicted on the approved plans, shall be erected and/or displayed within the subject land or on any building or structure within the subject land.

Reason: To restrict the proliferation of advertisements on site.

24. No bunting or streamers shall be displayed on the subject site or on Council land.

Reason: To maintain visual amenity and public safety in the locality.

25. The sign(s) must be constructed and maintained to the satisfaction of the Relevant Authority.

Reason: To maintain visual amenity and public safety in the locality.

26. Unless otherwise approved by Council, outside lighting shall be restricted to that necessary for security purposes only and shall be directed and baffled in such a manner so as not to cause light overspill and/or nuisance to adjacent occupiers or distraction to drivers on adjacent public roads. The lighting design must ensure that all entrances into the development are lit in a manner which suitably defines the entry during the evening to the satisfaction of Council.

Reason: To ensure that lighting does not cause nuisance or danger to adjoining occupiers or road

users thereby reducing the amenity of the locality and/or making road use unsafe.


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27. The materials to be used in the construction of the buildings and works hereby permitted shall be of non-reflective type, to the satisfaction of the Relevant Authority.

Reason: To maintain the amenity of the locality.

The following conditions are included at the request of DPTI – Transport Services Division

28. The Elder Smith Road access shall be in accordance with GTA Consultants Preliminary Plan,

14A1108000-D02-01P1, dated 20 June ’14. 29. The location of the access to Lot 600 in DP 70822, as approved in DA 631/2065/2012/2B, shall remain

generally unchanged, but shall be modified as per GTA Consultants Preliminary Plan 14A1108000-D02-01P1, dated 20 June ’14, to ensure the internal operations of approved DA 631/2065/2012/2B are unaffected by providing safe access to both the subject site and Lot 600 in DP 70822.

30. Access via Elder Smith Road to serve the site shall be ingress only, accommodating only left-turn in

movements from Elder Smith Road. 31. A channelised left turn deceleration lane shall be designed and constructed for the Elder Smith Road

access that:

a. Is 3.5 metres in width;

b. Starts a minimum of 10 metres from the tangent point of the Elder Smith Road / Main Street corner;

c. Has a minimum length of 100 metres (assuming no grade correction) to allow vehicles to decelerate at a comfortable deceleration rate of 2.5m/s

2 from 80 km/h to zero before the first car park within

the site;

d. Preserves the existing DDA compliant pedestrian footpath along Elder Smith Road and provides a safe crossing point at the access into the subject site;

e. Preserves the existing bike lane and provides appropriate delineation of the bike lane;

f. Is consistent with the relevant Austroads Guides and Australian Standards.

32. All works required to facilitate access to the site from Elder Smith Road shall be undertaken to DPTI’s satisfaction at the applicant’s cost. The applicant should contact DPTI, MeTRO, Acting Senior Access Management Engineer, Ms Teresa Xavier on ph. 8226 8325 or via email [email protected] to discuss the requirements.

33. The applicant shall enter into a Developer Agreement with DPTI for the required road works to be

designed/constructed; 34. The channelised left turn lane shall be completed prior to the any vehicles accessing the site via Elder

Smith Road (i.e. if the applicant wishes to access the site from Elder Smith Road during construction, the deceleration lane needs to be completed prior to this occurring).

35. The largest vehicle permitted to access the site shall be a 14 metre semi-trailer. 36. All vehicles shall enter and exit the site in a forward direction. 37. All car parking shall be designed and constructed in accordance with AS/NZS 2890.1:2004 and

2890.6:2009. 38. All commercial vehicle facilities shall be designed and constructed in accordance with AS 2890.2:2002. 39. All bicycle facilities shall be designed and constructed in accordance with AS 2890.3:1993. 40. No stormwater from this development shall be permitted to discharge on-surface to Elder Smith Road.

In addition, any existing drainage of Elder Smith Road shall be accommodated by the development and any alterations to road drainage infrastructure as a result of this development shall be at the expense of the applicant.

mailto:[email protected]


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ADVISORY NOTES

a. Any internal fit-out of the shops hereby approved, must comply with the Food Act 2001 and relevant food safety standards to the satisfaction of Council.

The following advisory notes are provided at the request of DPTI – Transport Services Division

b. Signage on this site that is viewable from the adjacent or nearby roads shall not utilise any element of LED/LCD display (the use of LED lighting for the internal illumination of a sign box is permissible).

c. Signage on this site shall not contain any element that flashes, scrolls, moves or changes. d. Signage on this site shall be limited to a low level of illumination so as to minimise distraction to

motorists.

e. Non-illuminated signage on this site shall be finished in a material of low reflectivity to minimise the risk of sun/headlamp glare that may dazzle or distract motorists.

f. The utilisation of Trailer Mounted Variable Message Displays for advertising purposes shall not occur on or adjacent to the subject land.

dac agenda item 3 -...

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