name of applicant planning aspects pty ltd...development assessment commission 31 march 2016 1...

Development Assessment Commission 31 March 2016

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AGENDA ITEM 2.2.2

Name of Applicant

Planning Aspects Pty Ltd

Address

65 Mount Barker Road, Stirling

TABLE OF CONTENTS

PAGE NO

AGENDA REPORT 2 – 35

ATTACHMENTS

1: DEVELOPMENT PLAN PROVISIONS 36 – 56

2: MAPS & PHOTOS 57 – 71

3: APPLICATION & PLANS

a. Planning Report – Planning Aspects Pty Ltd b. Plans – Cheesman Architects c. Traffic and Parking Report – Frank Siow & Associates d. Construction Environmental Management Plan – LBW

Environmental Projects e. Stormwater Management Plan – PT Design

f. Acoustic Assessment – Resonate Acoustics g. Certificate of Titles

72 – 199

73 – 105 106 – 115 116 – 122 123 – 163

164 – 176

177 – 192 193 - 199

4: AGENCY COMMENTS 200 – 214

5: COUNCIL COMMENTS 215 – 222

6: REPRESENTATIONS 223 – 247

7: RESPONSE TO REPRESENTATIONS 248 – 274

8: ADDITIONAL INFORMATION 274 – 280


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AGENDA ITEM 2.2.2

OVERVIEW

Application No 473/E031/15

Unique ID/KNET ID 2015/19553/01

Applicant Planning Aspects Pty Ltd

Proposal Demolition of existing structures and the construction of an integrated petrol filling facility - comprising petrol filling pumps and canopy, associated retaining walls, shop, car wash facility and signage

Subject Land 65 Mount Barker Road, Stirling

Zone/Policy Area District Centre Zone / Policy Area 41 - Stirling Core

Relevant Authority Development Assessment Commission

Lodgement Date 15 December 2015

Council Adelaide Hills Council

Development Plan Adelaide Hills Council Development Plan

Consolidated – 9 January 2014

Type of Development Merit

Public Notification Category 2

Representations Three representations and three wishing to be heard

Referral Agencies Environment Protection Authority & Commissioner of Highways

Report Author Ben Green, Consultant Planner

RECOMMENDATION Development Plan Consent subject to conditions

EXECUTIVE SUMMARY

The Minister has appointed the State Coordinator General with powers to determine certain development over $3 million in value be considered by the Development

Assessment Commission (DAC), as the relevant authority, pursuant to Schedule 10(20) of the Development Regulations 2008. On 9 November 2015 the applicant requested that the State Coordinator General consider making such a determination for this proposal. After considering the request and being satisfied that the proposal met the criteria specified within Schedule 10, the State Coordinator General has determined DAC to be the relevant authority for the purposes of assessing this application. The applicant seeks approval for the development of an integrated petrol filling facility at 65 Mount Barker Road, Stirling. The proposed development comprises the demolition and removal of existing structures of a former service station on the site and the construction of an integrated petrol filling facility inclusive of fuelling pumps and canopy, retail shop and a car wash facility within the District Centre Zone (Policy

Area 41 - Stirling Core) of the Adelaide Hills Council Development Plan. The application is before the Commission for a decision on the basis that the Adelaide Hills Council objects to the proposal in particular due to amenity impacts, minimum setbacks and traffic impacts and management. Three representations were received following Category 2 Public Notification of which all three wish to be heard. The proposal for the redevelopment of this existing petrol filling station site is considered suitable in terms of amenity, land use, noise, traffic and access. This application broadly aligns with the District Centre Zone and Policy Area 41 Stirling Core. The points of conjecture relate to loss of amenity, noise impacts, traffic impacts and circulation and development intensification. It is considered that the applicant has satisfactorily addressed these concerns which leads to a

recommendation that Development Plan Consent be granted subject to conditions.


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AGENDA ITEM 2.2.2

ASSESSMENT REPORT 1. BACKGROUND

Previous Consideration A similar application was considered by the Adelaide Hills Council Development Assessment Panel (CDAP) in 2015 where the Panel (following deferral of the matter and seeking a number of revisions to the design of the proposal) resolved to refuse

the application on the grounds that the proposal did not satisfy a number of zone level and Council-wide policies of the Development Plan.

DAC Relevant Authority The State Coordinator General is able to determine certain development of $3 million in value be considered by the Development Assessment Commission (DAC) as the relevant authority (Development Regulations 2008, Schedule 10[20]). After considering the request and being satisfied that the proposal met the criteria within Schedule 10, the State Coordinator General determined DAC to be the relevant authority for this application.

2. DESCRIPTION OF PROPOSAL

The proposal and all other application details are contained in the ATTACHMENTS. The proposal is for the redevelopment of a former petrol filling station in Stirling to an integrated petrol filling facility and in particular the proposal includes:

Demolition and removal of existing structures including main petrol filling building, canopy, pumps, tanks and associated infrastructure, pylon signs and site paving

Construction of an integrated petrol filling facility including a centrally located canopy structure to accommodate 8 vehicle pump stations

Installation of underground fuel tanks Construction of an automatic carwash with self-serve vacuuming and cleaning

bays at the front of the site Construction of a shop building incorporating petrol filling sales, convenience

store retail facility with back-of-house storage, customer toilets and amenities at the rear of the site

Boundary walls of pre-cast concrete Main walls to be concrete wall panelling in corporate colours At-grade car park facilities and associated driveway areas

Soft and hard landscaping including paved pedestrian footpaths, a feature decorative artwork screen on the western elevation of the car wash, ‘tree top’ outdoor seating area and bicycle parks

Fencing and retaining walls Internally illuminated signage on main building in ‘AM/PM’ corporate colours,

and on the canopy in corporate BP colours – (free-standing signage for

advertising price of petrol does not form part of the application and will require separate consents)

The facility is proposed to operate between 6am – midnight, 7 days per week.


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AGENDA ITEM 2.2.2

The following summaries the proposal in greater detail:

Land Use Description

Integrated petrol filling facility – former site of petrol filling station

Built form Retail building – A new retail store building is proposed with a total floor area of 435m2 inclusive of 175m2 ‘back of house’ storage and amenities area. The building is sited one (1) metre off the north eastern boundary so to provide a wide forecourt with minimal visual obstruction for drivers on adjacent roads. The form of the building is considered to be modern but of a generally typical petrol filling station design with a single pitch skillion roof form which provides shelter to an outdoor seating area. Extensive glazing is present on the south western

elevation which will be visible from the street. The eastern and northern boundary building elevations have no openings or penetrations in accordance with requirements of the Building Code of Australia. The overall height of the building is 7.0 metres. External plant equipment is proposed in the courtyard alongside

the main building for ease of maintenance and minimise acoustic and visual impacts. An outside seating area is proposed on the north west corner of the site which is under the cover of a localised lower roof. The seating area partially abuts the north eastern boundary. To

minimise interface issues with the adjoining dwelling a solid wall parallel with the boundary is proposed. A 3.0 metre high glazed screen is proposed to the Merrion Terrace frontage. The seating area is elevated above Merrion Terrace but remains on a level plane with the remainder of the proposed building in order to achieve appropriate disability access. Canopy structure – A new free-standing canopy is proposed to span the 8 filling bays. The proposed canopy is a traditional cantilevered structure with near flat roof. It has a roof area of approximately 195m2 and an overall height of 6.0 metres. Automatic car wash – The carwash structure is a drive-through automatic tunnel wash with enclosed plant room. The total floor area of the car wash is approximately 70m2 (including the open vacuum bays) with an overall building height of 4.0 metres. Drop down acoustic doors are proposed on either side of the car wash to minimise noise generation during operation. The automatic car wash building is detached from the other

built form and is located closer to the roundabout at the intersection of Merrion Terrace and Mount Barker Road. A 2.6 metre high laser cut pattern screen is proposed to be attached to the rendered precast concrete wall to create a more sympathetic northern elevation, which faces the Council library and reserve and entrance into the township from the highway. Landscaped verge and gardens beds are also proposed to the north of the structure and partly around its curtilage.


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AGENDA ITEM 2.2.2

Materials and finishes

The main building will be of steel-framed/concrete floor construction with feature pre-finished metal faced composite and compressed fibre cement wall panels in combination with precast concrete panels. Glazing will be steel and aluminium framed. The canopy will be of steel framed construction and clad with pre-finished soffit, parapet and roof cladding and finished in standard BP company white and grey colours with feature green

and yellow colour striping. The carwash will be a combination of aluminium framed glazing and lightweight wall gladding. A 2.6 metre high laser cut steel with yet to be determined motif to reflect Stirling’s natural environment and streetscape qualities is also proposed.

Signage Various illuminated and non-illuminated directional signage and information signage is proposed. The proposal does not include a pylon sign advertising the price of petrol.

Site Access The site has ingress/egress via existing crossovers fronting Merrion Terrace and off Mount Barker Road. A traffic report has

been provided by the applicant detail turning circles and access movements for anticipated vehicles. The development includes an extension to the median strip on the southern side of the roundabout to prevent right-hand turning movements in and out of the site.

Site Works Site works include a combination of hard and soft landscaped areas. Vehicular access ways will be paved in concrete and bitumen. Landscape verge and garden beds are proposed in the vicinity of the car wash.

Retaining walls will be required on the eastern boundary and portion of the northern boundary adjacent to the outdoor café area. Retaining walls are proposed to be reinforced concrete and concrete block work construction with the visible facing walls fronting the north-western boundary (facing Merrion Terrace) to have a stone profile treatment in natural grey and bluestone tones.

Car and Bicycle Parking

A total of thirteen (13) car parks are to be provided on the site. Ten (10) of the car parks are located adjacent to the main building façade with the remaining three (3) in closer proximity

to the automatic car wash. Two (2) of the car parks adjacent to the automatic car wash are ‘vacuum bays’ for the use of self service vacuum machines. Bicycle parking is located adjacent to the café and seating area. Eight (8) vehicle pump stations are proposed beneath the proposed canopy that in many ways acts as a car park for the period of time a customer visits and exits the site.


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AGENDA ITEM 2.2.2

Encroachments The site contains a right of way providing access to the rear car park of adjoining offices to the south. The right of way will not be affected as a result of the development. Plans accompanying the traffic and parking assessment report indicate that the right of way remains free and unrestricted from vehicles during refuelling of the underground storage tanks.

Hours of Operation 6am to midnight, 7 days per week

Operation and Reports

Town Planning - A Site Development Planning Statement prepared by Principal of Planning Aspects Pty Ltd, Ms Shanti Ditter, was provided as supporting documentation for the proposal.

The statement outlines the proposal in full and provides an assessment against the relevant Development Plan criteria. The report concludes that on balance, the proposal meets the majority of the provisions of the Development Plan and warrants consent. Transport and Access -

The applicant has provided a traffic and parking assessment report, prepared by Mr Frank Siow of Frank Siow & Associates. This report includes an assessment on car parking; existing access points; parking layout; servicing (by fuel tankers) and the overall impact on traffic. The report notes that the development replaces an existing service station that had operated from the subject land for many years with the proposed development to be

similar in size with similar facilities. The report indicates that there is adequate parking provided for the proposed retail floor area and that the access points have been designed to comply with relevant parking standards. The report also states that the servicing of the subject land would be convenient and in accordance with AS 290.2-2002 where service trucks and petrol tankers would be able to satisfactorily enter and exit the site in a forward direction.

The report concludes that ‘…there should be very little ‘new’ traffic impacts by the proposed development, given that the subject site had operated as a service station site for many years.’ Acoustic Report - An acoustic report prepared by Resonate Acoustics, Mr Vahid Alamshah has been provided which outlines a desktop study of environmental noise emissions for the proposed development including the retail store, petrol pumps, automatic car wash facility and vacuum bays. The report identified the closest noise affected receptors as the commercial premises to the south east of the site and the Stirling Hotel to the south west of the site.

The assessment demonstrated that the noise emissions from the complex are mainly controlled by the carwash facility. The predicted noise levels at the noise-affected receptors due to operation of the carwash facility exceed the relevant noise criteria by 10db. On the basis of this assessment it is recommended that a door be included for the carwash entrance and exit as the operation with the door closed would result in compliance with the noise policy. This requirement has been included as a condition of consent.


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AGENDA ITEM 2.2.2

Construction Environmental Management Plan - A construction environmental management plan has been prepared by LBW Environmental Projects. The management plan provides a basis for managing the excavation and disposal of the existing soil and material from the site. The management plan details the design and management measures to be implemented to: minimise the risk of new site activities contributing to contamination of the site; and, prevent an increase in risk to the environment or human health from existing identified contamination on site.

Stormwater Management Plan - A stormwater management plan has been provided by the applicant, prepared by PT Design. The report outlines the stormwater design for the collection and management of stormwater flows; stormwater treatment; capture of oil spills beneath the forecourt canopy and pumper delivery areas; connection to council’s existing stormwater system. The information provided is subject to further detail and the plan acknowledges that further design and detail will be required to gain building rules approval and development approval.

3. SITE AND LOCALITY

3.1 Site Description

The subject land is located on the eastern corner of the roundabout intersection of Mount Barker Road, Merrion Terrace and Johnston Street, Stirling. The land consists of three allotments, described as follows: Lot No Plan No Street Suburb Hundred Title

Reference A84 FP158330 Mount Barker Road Stirling Noarlunga CT 5381/526

A85 FP158331 Mount Barker Road Stirling Noarlunga CT 5381/531

A95 FP158341 Mount Barker Road Stirling Noarlunga CT 5381/527

The subject land is irregular in shape and is comprised of an agglomeration of the

above allotments, totalling an area of approximately 1,955m² with a frontage to Mount Barker Road (23.3 metres in total) and Merrion Terrace (67.2 metres). The frontage to Mount Barker Road is inclusive of a 2.7 metre wide ‘right of way’ that provides access to a car parking area to the rear of the adjoining allotment to the east which is currently used as a real estate agents office. The site is currently occupied by a disused petrol filling station and vehicle workshop facility with a large canopy over disused service bays. In more recent times the land has been fenced off with temporary perimeter fencing, however, a recent site inspection revealed the fence to be removed and the service bays used for casual parking of approximately 8 to 10 vehicles. The land is largely devoid of vegetation and is predominantly of bitumen seal. Despite the lack of vegetation the site is slightly screened from view by vegetation located in the road reserve along Merrion Terrace. Vegetation screening is also present within the service lane and parking area off Mount Barker Road. The natural surface level of the land has been altered through extensive land filling and earthworks, carried out either prior to or at the time of the construction of the existing service station. Council records indicate that the land has been used as a

service station as early as 1974. Retaining walls are present along the north eastern


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AGENDA ITEM 2.2.2

and north western boundaries which elevate that portion of the land above the adjoining residential premise and the Merrion Terrace streetscape. 3.2 Locality The locality is characterised by long established retail, commercial, community and civic uses together with an existing dwelling that is located adjacent to the northern boundary of the subject land (that is located within the same District Centre Zone as the subject land). Despite the existence of this dwelling, retail and commercial land

uses are the most predominant in the locality. Northwest of the land lies the Adelaide Hills Council library. South of the subject land and on the opposite site of Mount Barker Road is the Stirling Hotel. The subject land is an important site within the Stirling streetscape given its large road frontage and slightly elevated position overlooking the open space and lawn area in front of the library complex. Built form is predominantly single storey, however, larger two storey buildings also exist such as the adjoining real estate office and the Stirling Hotel. The Stirling Hotel is located on the opposite side of Mount Barker Road to the subject land and is listed as a State Heritage Place. Items of Local Heritage significance are

also located in the locality including shops and offices adjacent to Mount Barker Road. Figure 1 – Location Map


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AGENDA ITEM 2.2.2

4. COUNCIL COMMENTS or TECHNICAL ADVICE

4.1 Adelaide Hills Council The Adelaide Hills Council has advised at its Special Council meeting on 9 February 2016 that it considered the application and resolved to object to provide the following comment in relation to the above development.

The Adelaide Hills Council believes that Development Application 473/E031/15, as presented, should not be granted Development Plan consent as the proposal is at variance with the following provisions of the Adelaide Hills Council Development Plan: Stirling Core Policy Area PDC 5 as the mass and bulk of the building does not reduce as the height of the building increases. District Centre Zone Objective 4 and PDC 5 as it does not positively contribute to the desired character of the zone. PDC11 as activities with greatest potential for impact (outdoor café) are not directed away from the common boundary.

PDC 12 as the buildings facing the side road do not achieve an average setback of 8 metres. Council Wide Objectives 14 and 15 in relation to improving vehicular access and safety.

Objective 21 as the proposal will interfere with free flow of traffic. PDC 62(d) s the proposal does not ensure that access to car parking areas does not cause congestion of traffic on abutting roads. PDC 62(i) as the proposal does not provide appropriate manoeuvring and circulation areas on the site. Council as part of their formal response also resolved that DAC, as the relevant authority should give particular consideration to the following:

the roof angle of the building with reference to District Centre Zone PDC 5 in terms of its impact on the adjoining property; and

the manoeuvring, circulation and parking on and off-site of the proposed development with regard to Council Wide Objectives 14, 15 and 21 and PDC 62(d) and 62(i); and

to fully appreciate the nature of vehicle movements on this site, Council urges DAC to have a plan produced showing swept paths for cars existing the pump bay areas, reversing from the shop front car parks and fuel tanker movements

including entry and exit paths. Additionally, Council advised that should DAC resolve to grant Development Plan Consent to this application, a list of 26 conditions and 5 notes are requested to be attached to the consent, along with any conditions in relation to vehicular entry/exit and on-site vehicular movements recommended by the Department of Planning, Transport and Infrastructure.


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5. STATUTORY REFERRAL BODY COMMENTS Referral responses are contained in the ATTACHMENTS.

5.1 Environmental Protection Authority The EPA is a mandatory referral in accordance with Schedule 8 and Schedule 21 of the Development Regulations 2008. In its referral response, the EPA considered a

number of environmental issues relating to: air quality, water quality, site contamination, construction management, noise, waste management and site suitability. The EPA provided a list of 8 conditions and a series of advisory notes to accompany any approval, which if complied with, the EPA states the activity of ‘petroleum storage’ would not result in adverse air quality, site contamination, construction or water quality impacts. 5.2 Safety and Services Division, DPTI The Department of Planning, Transport and Infrastructure (DPTI) is a mandatory referral in accordance with Section 37(4)(b) of the Development Act 1993 and Schedule 8 of the Development Regulations 2008 as the proposed development is seeking to alter an existing access point.’

The referral response notes the previous use of the subject land as a service station and states that DPTI is prepared to tolerate the proximity of the Mount Barker Road access point to the roundabout. DPTI is not supportive of right turn in and right turn out movements being undertaken at this location as they are likely to interfere with the free flow of traffic and may create safety concerns. Accordingly a solid median strip is required to be installed on Mount Barker Road to DPTIs satisfaction. The

response received acknowledges the traffic report by Frank Siow and Associates and the proposed treatment works to prevent the abovementioned manoeuvres but requires a longer median treatment. A recommended condition of consent has been provided by DPTI to ensure this will occur. DPTI have considered the turn paths and indicative vehicular movements of a 17.0 metre articulated vehicle. DPTI acknowledges that the entire width of the access points will be utilised to enter and exit points and the vehicle will encroach across the centreline of the service road interface with Mount Barker Road. DPTI state that sufficient area is provided for fuel deliveries to occur onsite without blocking the access points, however recommends that scheduling of fuel deliveries is for off-peak times to minimise vehicular conflict. A recommended condition of consent has been provided by DPTI to ensure this will occur.

Further to the above, the turning paths show that the fuel delivery vehicle would need to mount the roundabout when entering the site and when turning right from Merrion Terrace to Mount Barker Road. DPTI indicate that as the existing roundabout is of mountable construction, no further works are required to be undertaken to accommodate the movement.

DPTI have considered the internal movement of vehicles on site in proximity to the proposed car wash facility and confirmed that the access to the facility is considered to be ‘tolerable’. Whilst consideration was also given to signage elements and their operation, a number of DPTI’s recommended conditions have not been adopted, on the basis that the signage displays and notice boards that may involve moving text and electronic fuel pricing information will form the basis of a subsequent application.


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6. PUBLIC NOTIFICATION The application was notified as a Category 2 development pursuant to the Procedural Matters, Public Notification within the District Centre Zone as the development is located less than ten metres from a common Policy Area boundary. Public notification was undertaken (by directly contacting adjoining owners and occupiers of the land) and three representations were received.

Representor ID

Issue Applicant’s Response

R1 -In support

Acknowledged

R2 -Development is not in accordance with Development Plan provisions including.

-A detailed planning report was submitted with the application which demonstrates that on balance the

proposal warrants development plan consent

R3 -Noise

-Traffic congestion

-Vehicles circulation -Hours of operation

-the orientation of the building will act as an acoustic shield to existing noise generators. The Stirling Hotel

has trading ours up to 1:00am. It is not expected that the proposal will exacerbate the noise levels as evidenced in the acoustic report accompanying the application. -Frank Siow and Associates have

undertaken a Traffic and Parking assessment and found the proposal to be acceptable. -access arrangements have been developed in direct consultation with DPTI. -independent advice sought by

Council from Greenhill Engineers dated October 2015 verifies the position of safe and convenient access to the site. -the site was used as a petrol filling facility up until 5 years ago. It is not unreasonable to expect the traffic generated then will be no different to the traffic likely to be generated by the redevelopment. -Proposed development is located within a commercial precinct and the proposed hours of operation are

appropriate. -the recommended measures to treat noise from the carwash including the proposed doors will meet the requirements of the EPA noise policy. -all plant and equipment associated with the retail building will be sited on the central south eastern boundary of the subject land within


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AGENDA ITEM 2.2.2

Representor ID


-Development intensification -Amenity impacts on adjoining

residential property

-Overlooking -setbacks

an enclosed services yard. -applicant welcomes condition of Development Plan consent to ensure that noise impacts are in accordance with the Noise EPP. -the site enjoys existing use rights -the siting, design and layout of the proposal has been deliberate to back on to residential development to ensure the dwelling is adequately shielded from the activities on site. - an existing substantial retaining

wall is present along the northern boundary. The proposed development preserves the status quo. The setting back of the building from the common property ensures that the retaining wall and building element are physically separate.

- there is opportunity for the owner of the adjoining property to influence the finished colour of the new building wall. Due to the slope of the land, the existing retaining wall along the

northern boundary ranges in height from between 2.6 metres up to 1.98 metres. - in relation to overall building height being excessive, the lay of the land and form of building, coupled with the requirement to dispose of roof water mean it is not possible to reorientate the direction of the fall of the roof. The current fall on the roof is at its minimum pitch to allow adequate roof runoff. -no windows are proposed to be located on the building to face onto the adjoining dwelling to the north. -the cantilevered outdoor deck incorporates a solid precast concrete wall where it faces the property. -the return wall facing Merrion Terrace is obscured acoustic glass

which will ensure overlooking is not possible. -the carwash is setback 850mm from the Merrion Terrace boundary however substantial landscape screening is proposed on this corner. -the setback proposed has largely been a result of the intent to


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AGENDA ITEM 2.2.2

Representor ID


-light spill

minimise the potential noise impacts of the car wash on sensitive noise receptors in the locality. -the building design incorporates architectural screening to improve the visual quality of the facility. -the proposed development will not add to or increase the extent of light spill that already occurs in the locality. -the siting of the building close to the northern property boundary will ensure that there is no light spill into

the adjacent residential property to the north -applicant welcomes condition of Development Plan consent to ensure light spill to be minimised or reserve matter in relation to the preparation of a lighting plan.

Figure 2 – Representation Map

A total of three representors wish to be heard by the Commission.

A copy of the three representations is contained in ATTACHMENT 6 and the applicant’s response in ATTACHMENT 7.


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AGENDA ITEM 2.2.2

7. POLICY OVERVIEW The subject site is located within the District Centre Zone and the Stirling Core Policy Area 41 as depicted on Map AdHi/28 of the Adelaide Hills Council Development Plan consolidated 9 January 2014, see Figure 3 below. Relevant planning policies are contained in ATTACHMENT 1 and summarised below.

Figure 3 – Zoning Map

7.1 Policy Area The subject land is located wholly within the Stirling Core Policy Area 41 which encourages the establishment of a range of business and retail facilities. Unlike other policy areas, Stirling Core Policy Area 41 does not contain a specific desired character statement, however provides several principles of development control relating to character and built form, landscaping, access and parking.

The Policy Area encourages high building elements to be setback behind the primary single storey street façade with the mass and bulk reducing as the height of the building increases. Policies also stipulate that no building should exceed four metres in height above natural ground level at street level or where it abuts a residentially zoned site. It is important to note that the residential property located to the north of the subject land is also located within the District Centre Zone albeit within a different policy area to the subject land.


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AGENDA ITEM 2.2.2

Layout and design of development is encouraged to minimise physical modification of the site by retaining and supporting the value of natural features including trees and other topographic features of significance. Although the proposed development incorporates additional retaining walls in order to achieve a flat grade for disability access purposes and to make efficient use of the site, it is understood that the bulk of the site is already retained to a large extent and the proposed development is seeking to modify the existing retained levels.

7.2 Zone The District Centre Zone seeks to continue to offer a wide range of retail and other ‘centre’ type land uses. The built form of the Centre should continue to consist of small-scale, ground level, ‘main street’ type development with retail and commercial activities fronting roadways.


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The Zone contains a concept plan – Figure DCe/1 (refer below) which identifies the subject land as being intended for mixed use development. The proposed redevelopment of the site for a petrol filling facility, carwash as well as a café area and retail space is considered to be a form of mixed use development. Landscaping is considered to be important to contribute to and complement the distinctive character of the Centre. The Zone states that it is essential that the functionality and streetscape appeal of landscape features are retained and enhanced over time, and should not be adversely encroached upon by buildings, traffic

managed works or vehicle access points. The desired character encourages a variety of after-hours activities that provide outdoor dining opportunities and seeks a vibrant evening economy. Advertising should be designed to provide identification and direction without being grouped in a way that dominates the streetscape or detract from the character of individual buildings. Neon strip and internally illuminated signs are stated as being not appropriate within the Zone.

8. PLANNING ASSESSMENT The application has been assessed against the relevant provisions of the Adelaide Hills Development Plan consolidated 9 January 2014, which are contained in Appendix 1.

8.1 Land Use and Character Development for the purposes of an integrated petrol filling facility is in-keeping with the District Centre Zone provisions that encourage an array of ‘centre’ type development and specifically encourage mixed-use development on the subject land.

The subject land was formerly a petrol filling station and has been disused for approximately 5 years. Arguably, the land has a degree of existing use rights. It is acknowledged that the integrated facility introduces a number of new uses to the land such as the car wash, café and retail store, however these uses are considered to be in-keeping with the ‘mixed-use’ intent of the Zone and Policy Area. The facility is proposed to be open from 6:00am to midnight, 7 days per week. The District Centre Zone encourages after-hours activities in order to achieve a vibrant evening economy. The site has been designed and oriented to shelter the adjoining residents from potential nuisances by focusing on-site activity towards the intersection of Mount Barker Road and Merrion Terrace. The retail building is located adjacent to the

northern rear boundary with concrete walls to protect the residences from potential noise generating activities. A concern was raised during the public notification period regarding a glass wall in the vicinity of the café that may cause overlooking and nuisance to the neighbouring dwelling. After reviewing the proposed elevations, this does not appear correct.

There is in fact a glass wall in the vicinity of the café however this is parallel to the Merrion Terrace frontage and constructed of obscure glass. Whilst not considered necessary, the applicant has undertaken to restrict the use of this outdoor space in the evening to ensure that the existing level of residential amenity is maintained, with a condition being recommended that would require access to be restricted after before 7am and after 8pm.

All plant and associated infrastructure is located at ground level in a screened compound on the south eastern side of the building so as to minimise any nuisance to


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potential sensitive uses. Acoustic doors are proposed to be fitted to the car wash to minimise any nuisance. The land is relatively devoid of vegetation of any note, however the land is screened from view by landscaping in the road reserve. It is the intent of the applicant to retain established species and introduce new plantings to the verge along Merrion Terrace, both in the vicinity of the new stone-faced concrete retaining wall along the north western section of the site and in the vicinity of the car wash building.

Additional works are also proposed including a footpath on both sides of the Merrion Terrace access point. The footpath heading south will be connected to the existing footpath at Mount Barker Road whilst the footpath heading north will line up with a footpath on the opposite side of the road from an access path that extends to the library complex. The proposed land use is in-keeping with the broad intent of the Zone and Policy Area provisions and numerous Council wide provisions of the Adelaide Hills Council Development Plan and is considered to be an appropriate use for the subject land. 8.2 Setbacks, Design and Appearance The proposed buildings have varying setbacks. The petrol filling canopy is setback much further than the existing canopy at a distance of approximately 26.0 metres

from the edge of Mount Barker Road and 4.0 metres from Merrion Terrace. The car wash building is setback 6.07 metres from Mount Barker Road and 1.0 metre from Merrion Terrace. The retail building is sited on the south eastern boundary, and 1.0 metre on the north eastern boundary. The retail building is setback approximately 60 metres from the Mount Barker Road frontage.

The design of the building is of modern styling. The applicant has stated that the design approach employed does not attempt to mimic the design or scale of older heritage buildings adjacent, but rather incorporates a design language that is modern, whilst respecting the established setbacks within the locality. The applicant has indicated that the proposal is for a commercial form of development, and the proposed design takes cues from the design and appearance of buildings within the broader locality including those more recently constructed civic buildings northwest of the subject land. The proposed development is not considered to be significantly visible from Mount Barker Road when approaching from the southeast. Of the built form proposed the car wash will be the most visible structure, however the canopy and retail building will be partly obscured by existing vegetation and the adjoining two storey real estate office. A view of the entire site will only be visible when opposite the existing

access/egress point. The subject land is located on a prominent corner in the main street of Stirling and will be visible on the approach along Mount Barker Road from the northwest. Whilst the siting of the car wash is not considered to be ideal, as it will be the main building visible on the approach, it has been sited in this location so as to move it as far away

as possible from possible sensitive noise receptors. In order to minimise the impact of the car wash on the streetscape, a 2.6 metre laser cut steel screen and landscaping is proposed along the north western elevation. The screen will sit in front of the 4.0 metre high building as an attempt to improve the streetscape setting in accordance with the Desired Character of the Zone. Concern has been raised through several avenues in relation to the attainment of PDC

5 of the Stirling Core Policy Area which states: ‘Higher building elements should be setback behind the primary single storey street façade with the mass and bulk


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reducing as the height of the building increase.’ It is understood that the main concern is in relation to the Merrion Terrace elevation of the retail building. Although the proposed retail building has an overall height of 7.0 metres, it is single storey in form and incorporates a flat roof with nominal pitch which is considered to be in-keeping with more recent development in the locality such as the adjacent library complex. The pitch of the roof is at its minimum to allow adequate roof runoff. The roof is cantilevered partly over the outdoor seating area towards Merrion Terrace which also has a lower roof for shelter. Although the cantilevered portion of

the roof structure is the tallest, the overall perceived mass of the structure is reduced as the façade of the building is set behind the overhang of the roof structure. The proposal is therefore considered to be generally in accordance with PDC 11 of the Policy Area which seeks architectural features to provide visual interest and break-up of the visual bulk of buildings. Although the proposal may not completely address the intent of PDC 5 of the Policy Area, the building has been designed in such a way to satisfy the parameters of the site and complement the streetscape. The retail building is triangular in shape which does not translate well on a 2D elevation drawing. The mass of the building when viewed from Merrion Terrace is not considered to be overbearing. The building will be partly obscured by vegetation and only a portion of the cantilevered area of the building will be seen from the roadway as the difference in topography between the road level and the floor level of the building is so great. A significant transition in level is already present and any

development on the subject land would site well above the natural fall of the land. As the front façade of the retail building runs at an angle to Merrion Terrace, a high proportion of the building will not be directly visible from the road. The building will be visible from the lawn area in front of the library complex, however it is some distance removed from this area and will not dominate the

character and appearance of the outlook. The overall mass, appearance and design is not considered to be overbearing or detrimental to the character of the locality. 8.3 Heritage The subject land is adjacent to the State Heritage listed Stirling Hotel and Local Heritage listed shops and offices. The siting and design of the proposed development has adequate separation from these buildings following inspection of the subject land and locality. When the application was considered by the Adelaide Hills CDAP advice had been provided by the State Heritage Unit and the Council’s local heritage advisor. The advice concluded that the proposed development would have no impact on the buildings of heritage significance in the locality.

8.4 Traffic Impact, Access and Parking Car parking The proposed development provides a total of thirteen (13) dedicated off-street car parks. Ten (10) of the car parks are located adjacent to the main building façade

with the remaining three (3) in closer proximity to the automatic car wash. Two (2) of the car parks adjacent to the automatic car wash are ‘vacuum bays’ for the use of self service vacuum machines. The Adelaide Hills Council Development Plan does not provide a recommended car parking ratio for an integrated petrol filling facility however it does provide a ratio for both a ‘petrol filling station’ and ‘shop’. Table AdHi/4 specifies that a shop should

have one space per 5.5m2 of floor area which would necessitate 25 car parks for the proposed development.


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AGENDA ITEM 2.2.2

The applicant provided a traffic and parking assessment report prepared by Frank Siow & Associates which provided justification for the number of car parks proposed based on detailed parking surveys from similar type developments elsewhere in Adelaide. Mr Siow concluded that the level of car parking proposed would exceed the expected peak parking demand and that adequate parking is provided for the development. This analysis is considered reasonable in the circumstances, and was not an issue

raised by Council in their previous assessment or advice to the Commission. Parking layout and servicing The report prepared by Frank Siow & Associates identifies that the proposed filling area would allow convenient circulation of traffic around the site. The design of the proposed car wash would facilitate convenient access to the facility and adequate sight distances would be provided for vehicle departures. Council Wide Objectives 14, 15 and 21 and PDC 62(d) and 62(i) are satisfactorily addressed by the report prepared by Frank Siow & Associates dated December 2015 which provides diagrams demonstrating manoeuvrability on and off the site for cars, delivery trucks and fuel tankers.

The traffic sweep data in relation to petrol tanker movements indicate that it is possible that the trucks will mount the roundabout in some circumstances. DPTI have agreed that the proposed movements are acceptable given the constraints of the site. Existing access points The report prepared by Frank Siow & Associates indicates that DPTI generally require

a minimum two-car queuing distance between the adjacent road and the first fuel bowser. Given the considerable setback distance of the proposed bowsers from the road, the proposed queuing distance satisfies this requirement. The traffic report further indicates that the proposed scenario would be a significant improvement on the previous service station. 8.5 Amenity Noise The Development Plan aims to prevent adverse impact and conflict between land uses. Controlling the noise output from the proposal ensures that noise does not detrimentally affect the amenity of the locality or cause unreasonable interference. As outlined in the sections of the report above, the EPA has provided advice on the

proposal in relation to noise impacts. The EPA considers the following noise generating activities to be present as a result of the proposal:

Cars and trucks entering, operating within and leaving the premises The closing of vehicle doors and customer voices Fuel deliveries and rubbish collection

Operation of fuel pumping equipment Operation of fixed plant and equipment (including refrigeration and air

conditioning plant) Operation of car wash and vacuum facilities.

All air-conditioning and other plant for the retail building will be located in a screened courtyard to minimise potential impacts on adjoining development.


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AGENDA ITEM 2.2.2

The orientation of the building has been designed to concentrate activity away from adjoining sensitive uses. The applicant has provided an acoustic assessment which qualifies that the proposed development will not generate excessive noise. With respect to the outdoor area (which was a specific point of concern for the adjoining landowner at 6 Merrion Terrace) further advice from Resonate Acoustics was provided that confirmed the patron noise criteria at the premises to accord with

relevant noise EPP requirement is:

52 dB(A) day time; and 45 dB(A) at night time

The predicted noise levels from the outdoor area with a maximum of 8 people at the 6 Merrion Terrace residential property is less than 40dB(A) when taking into account a 5 dB(A) character penalty for the patron noise. The predicted level is compliant with both day time and night time criteria with the existing 1.8 metre high glazed fence and no further mitigation is needed. Odour The Development Plan outlines that any development should not detrimentally affect the amenity of the locality or cause nuisance by the emission of effluent, odour,

smoke, fumes, dust or other airborne pollutants. The EPA referral response acknowledges the potential risk for air pollution occurring and has provided a recommended list of conditions. If the proposed facility operates in accordance with the conditions put forward then the EPA considers that the activity of ‘petroleum storage’ would not result in adverse air quality.

Landscaping Additional landscaping works are to be undertaken by the applicant both on site and in the Council road reserve at the applicants cost. The Council has provided a number of suggested conditions to ensure a detailed landscaping plan is provided in accordance with the PDC 6 of the Zone and Table AdHi/6 of the Development Plan prior to the granting of Building Rules Consent and given its importance this requirement has been included as a reserve matter in the recommendation.

8.6 Signage The proposal does not include a free-standing pylon signs such as those typically

associated with petrol filling facilities that advertise the price of fuel. The proposal does however include various illuminated and non-illuminated signage attached to the built form which is considered to satisfy the Council-wide objectives and principles relating to signage. The Desired Character of the District Centre Zone states: Advertising signage should

be designed to provide identification and direction without being grouped in ways that dominate the streetscape or provide unattractive conglomerations that detract from the character of individual qualities of buildings. The Desired Character also indicates that signs should not be directly illuminated except via dim external lighting, and that internally illuminated signs are not appropriate within the Zone. Having said this, there are examples within the District Centre where internally

illuminated signs are evident, such as the Vet to the southeast along Mount Barker Road and the Woolworths Caltex petrol station further south.


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AGENDA ITEM 2.2.2

Given the similarity in land use of the Woolworths Caltex exception cited, the signage is considered to be compatible with other like development within the Zone and is therefore considered appropriate. Furthermore, a condition of approval is proposed that the signage shall be illuminated during operation of the station only, but other DPTI recommendations in respect to signage displays and operational requirements have not been adopted.

9. CONCLUSION After careful consideration of the application in relation to the subject land, zoning

and locality, it is my view that the application is not ‘seriously at variance’ with the provisions of the Development Plan.

On balance, the proposal is considered to be a compatible and appropriate form of

development within the District Centre Zone, Stirling Core Policy Area as its nature, function, scale, and hours of operation will be consistent with the intent of the Zone and broader Council wide objectives.

In summary:

The proposal is on the site of a former long standing petrol station and

mechanical workshop which is a similar land use to that proposed The proposed development is considered suitable in terms of amenity, land

use, noise, traffic and access. The proposal does rely on the road reserve to provide adequate landscape

screening however the applicant intends to undertake additional screening at their cost

The car wash includes roller doors at both ends to reduce noise The visual impact of the building is minimised given the minimal pitch roof

and cantilevered overhang Car parking and traffic movements are resolved and are adequate Signage is unlikely to have a significant detrimental impact on the

surrounding amenity given the degree of vegetation screening and the amount of signage proposed.

Given all of the above, the proposed development is considered to warrant the issuing of Development Plan Consent as a consent on-merit form of development.

10. RECOMMENDATION It is recommended that the Development Assessment Commission:

1) RESOLVE that the proposed development is NOT “seriously at variance” with the

policies in the Development Plan.

2) RESOLVE to grant Development Plan Consent to the proposal by Agostino Always AM / PM for the demolition of existing structures and the construction of an

integrated petrol filling facility - comprising petrol filling pumps and canopy, associated retaining walls, shop, car wash facility and signage at 65 Mount Barker Road, Stirling subject to the following reserved matters and conditions of consent.

PLANNING CONDITIONS 1. That except where minor amendments may be required by other relevant Acts, or

by conditions imposed by this application, the development shall be established in


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AGENDA ITEM 2.2.2

strict accordance with the details and following plans submitted in Development Application No 473/E031/15: Site plan Drawing 11141_SD30 Rev F dated 16.2.16 Elevations Drawing 11141_SD35 Rev A dated 7.3.16 Elevations Drawing 11141_SD36 Rev - dated 16.2.16 Sections Drawing 11141_SD33 Rev D dated 16.2.16 External Finishes Colour Scheme Drawing 11141 Rev – 16.02.16 Response to Representations – Planning Aspects – dated 23.2.16

Planning Aspects report dated 8.12.15 Resonate Acoustic report dated 4.3.15 PT Design Stormwater Management plan dated 27.10.14 Engineered Site works plan (not dated – two sheets) Frank Siow traffic report dated 6.12.15 LBW Environmental - Construction Environment Management Plan (CEMP)

Revision dated 9.7.15

2. The external finishes to the building shall be as follows: Main building walls: Pre-cast concrete wall panelling system with am/pm

corporate colours with colorbond ® surfmist roofing Canopy: BP corporate colours Carwash: Cladding to match main building

3. The rear boundary retaining wall shall be constructed of coloured concrete or

textured sleepers.

4. All external lighting shall be directed away from residential development and shielded if necessary to prevent light spill causing nuisance to the occupiers of

those residential properties. The outdoor area shall have directional “bunker” lighting.

5. Prior to Building Rules Consent being granted a detailed landscaping plan for the

land, including the area between the rear boundary and the building, as well as the Merrion Terrace road verge directly adjoining the site, prepared by a suitability qualified and experienced Landscape Designer shall be provided to the satisfaction of the Development Assessment Commission. Note: The landscaping detailed in the plan shall be selected from the Table AdHi/6 of the Adelaide Hills Council Development Plan.

. 6. Landscaping detailed in the plan shall be planted within six (6) months of the

operation of the approved development and maintained in good health and condition at all times. Any such vegetation shall be replaced if and when it dies or

becomes seriously diseased in the next planting season.

7. Landscaping on the Merrion Terrace road verge shall be installed as follows: Garden areas shall be prepared by ripping existing soil at least 200mm deep,

and installing minimum 200mm of approved site topsoil (or premium imported

topsoil), permanent drip irrigation and durable mulch. Gardens shall be maintained neat and tidy by the applicant with replanting and

re-mulching as necessary. Irrigation shall extend under the cantilever deck area to provide water for the existing root zone of the adjacent mature tree.

8. Permanent drip irrigation shall be installed in the landscaping areas prior to occupation of the approved development.


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AGENDA ITEM 2.2.2

9. The two sections of footpath adjacent the subject land as shown on the site plan shall be installed prior to the operation of the development. The footpath shall be designed and installed in accordance with Council requirements.

10. The operating hours of the approved petrol station and café shall be as follows:

Monday to Sunday 6am to midnight

11. The operating hours of the approved carwash and vacuum bays shall be as

follows: Monday to Sunday 7am to 10pm

12. The operating hours of the outdoor dining area shall be restricted to 7am to 8pm, Monday to Sunday.

13. Deliveries of fuel to the subject site shall be carried out outside of the peak traffic

and trading periods and shall not occur before 9am or after 7pm on Sundays and public holidays and not before 7am or after 7pm on other days.

14. All waste shall be removed from the subject land at least once weekly. Collection

of waste shall be carried our only between the hours of 7am to 7pm Monday to Saturday and 9am to 7pm on Sundays and public holidays.

15. The automatically closing front and rear doors of the carwash as detailed in the

Resonate report shall be installed and made operable prior to the operation of the carwash facility.

16. The lighting for the signs shall be switched off at midnight each day and shall not

be switched on before 6am of the following day.

17. The installed signage shall at all times be kept in good repair and condition.

18. No portion of the signs shall overhang the Council footpath/road reserve.

19. All car parking spaces, driveways and manoeuvring areas shall be designed, constructed, drained and line-marked in accordance with Australian Standard AS 2890.1:2004. Line marking and directional arrows/signage shall be clearly visible and maintained in good condition at all times. Driveways, vehicle manoeuvring and parking areas shall be constructed of bitumen, concrete or brick paved prior to occupation and maintained in good condition at all times

20. All landscaped areas and structures adjacent to driveways and parking areas shall

be separated by kerbing prior to the occupation of the development. Such devices shall not impede the free movement of the people with disabilities.

21. Directional signs indicating the location of the car parking spaces shall be provided

on the subject land and maintained in a clear and legible condition at all times.

22. All materials and good shall at all times be loaded and unloaded within the confines of the subject land. Materials and goods shall not be stored on the land in areas delineated for use for car parking.

23. Stormwater Management:

a) Stormwater management shall be in accordance with the PT Design report and

shall incorporate stormwater re-use for the building/landscaping to the


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AGENDA ITEM 2.2.2

satisfaction of the Development Assessment Commission (in consultation with the Council), with regard to Council Wide Objectives 127 and 129.

b) Stormwater discharge to Merrion Terrace: After passing through appropriate treatment as detailed in the PT Design report, the 150mm stormwater pipework shall discharge at the new kerbing on Merrion Terrace via a small side entry pit of similar as approved by Council.

24. Construction works shall be in accordance with the Construction and Environmental Management Plan (CEMP). The pollutant and oil trap shall be installed prior to occupation of the site.

25. All solid waste including foods, leaves, paper, cartons, boxes, and scrap material

of any kind shall be stored in a closed container and have a close fitting lid. The container shall be stored in a screened area so that it is not visible to the public view from Mount Barker Road and Merrion Terrace. Such containers shall be covered at all times to prevent the entry of stormwater or wind dispersal, be sealed to prevent leakage and shall not be used for the storage of toxic materials, chemicals, solvents, ay liquid or sludges and shall be located on hard stand areas.

26. Prior to commencement of any work on site appropriate measures shall be taken

to protect the adjacent trees. In particular, the area in which the tree’s branches

and roots are located shall be protected by the erection of a secure fence. The fencing shall: a) Consist of a 2.0 metre high solid, chain mesh, steel or similar fabrication with

posts at 3.0 metre intervals; b) Incorporate on all sides a clearly legible sign displaying the words “Tree

Protection Area”; and c) Not be erected closer to the tree than a distance equal to half of the height of

the tree or the full width of the branch spread (whichever is lesser).

27. The proposed solid median on Mount Barker Road (east of the roundabout) shall be installed in consultation with Safety and Service Division (Department of Planning, Transport and Infrastructure).

Environment Protection Authority Conditions

28. Development must be undertaken in accordance with the Construction Environment Management Plan: AM-PM Service Station, 65 Mount Barker Road, Stirling, prepared by LBW environmental projects, Revision 1, dated 9 July 2015.

29. A suitably qualified and experienced site contamination consultant must be engaged to implement the Construction Environment Management Plan: AM-PM Service Station, 65 Mount Barker Road, Stirling, prepared by LBW environmental projects, Revision 1, dated 9 July 2015 and to manage and dispose of contaminated soil and/or groundwater in accordance with EPA and other relevant guidelines.

30. All fuel storage tanks (apart from diesel and LPG) must be fitted with a Stage 1

vapour recovery system (which includes the underground storage tank vent pipes being fitted with a pressure vacuum relief valve) that directs the displaced vapours back into the tankers during filling.

31. The underground fuel tanks must be double-walled fibreglass tanks and the space

between the walls filled with a gel that is monitored for any changes in colour. Any changes in colour must be promptly investigated.


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AGENDA ITEM 2.2.2

32. All fuel lines between the tanks and dispenser must be fitted with pressure leak

detection sensors. In the event of product loss, the lines would lose pressure and immediately signal an alarm.

33. Following the installation of the in-ground fuel tanks all trafficked areas must be hard surface using either bitumen, concrete or other impervious material with crossover grates.

34. All stormwater runoff (including under canopy and crossover gratings) must be directed to the SPEL Puraceptor Class 1 Full Retention Separator (with audible and visual alarm to signal when the SPEL Puraceptor requires servicing), prior to discharge to the council stormwater system.

35. Any sludge and oily residue collected within the SPEL Puraceptor Class 1 Full Retention Separator is considered waste and must be removed by an EPA licensed waste transporter to a licensed waste depot authorised to receive such waste.

36. A solid central median shall be installed on Mount Barker Road, extending from the existing island east for a distance of at least 15 metres, in order to restrict access to a left turn in and left turn out basis.

37. The new solid central median on Mount Barker Road shall be designed and constructed to the satisfaction of DPTI prior to the new service station becoming

operational, with all costs associated with the road works (including, but not limited to, project management and any necessary road light/drainage upgrades) being borne by the applicant. The applicant shall enter into an agreement with DPTI regarding these works and is required to contact DPTI, Traffic Operations, Graduate Engineer, Mrs Christina Canatselis via 8226 8262, 0401 120 490 or [email protected] prior to undertaking any design

37. Delivery vehicles to the development site shall be restricted to a maximum length

of 17.0 metres.

38. All servicing of the site by heavy vehicles shall be undertaken outside of the peak trading periods and peak traffic periods in order to minimise the potential for vehicular conflict.

39. All signage upon the site visible from Mount Barker Road shall be static at all

times. No element of the signage shall be flash, scroll, move or change. LED fuel process signs may change on an infrequent basis.

40. Non–illuminated signage shall be finished in a material of low reflectivity to

minimise the likelihood of sun/headlamp glare.

41. No stormwater from this development shall be permitted to discharge on-surface

to the adjacent roads. In addition, any existing drainage of the roads is to be accommodated in the development and any alterations to the road drainage infrastructure as a result of this development are to be at the expense of the applicant.

ADVISORY NOTES

a. The development must be substantially commenced within 12 months of the date

of this Notification, unless this period has been extended by the Development Assessment Commission.

b. The authorisation will lapse if not commenced within 12 months of the date of this Notification.

mailto:[email protected]


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AGENDA ITEM 2.2.2

c. The applicant is also advised that any act or work authorised or required by this

Notification must be completed within 3 years of the date of the Notification unless this period is extended by the Commission.

d. The applicant has a right of appeal against the conditions which have been

imposed on this Development Plan Consent or Development Approval. e. Such an appeal must be lodged at the Environment, Resources and Development

Court within two months from the day of receiving this notice or such longer time as the Court may allow.

f. The applicant is asked to contact the Court if wishing to appeal. The Court is

located in the Sir Samuel Way Building, Victoria Square, Adelaide, (telephone number 8204 0289).

COUNCIL NOTES

g. EPA Environmental Duty

The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act 1993, to take all reasonable and practical measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which may cause

environmental harm. h. Works On Boundary

The development herein approved involves work on the boundary. The onus of ensuring development is in the approved position on the correct allotment is the responsibility of the land owner/applicant. This may necessitate a survey being

carried out by a licensed land surveyor prior to the work commencing. i. Compliance with Food Act 2001

This approval under the Development Act 1993 does not in any way imply compliance with the Food Act 2001 and/or Food Safety Standards. It is the responsibility of the owner or the other person operating the food business from the building to ensure compliance with the relevant legislation before opening the food business on the site.

j. Food Handling Notification

Food business notification must be provided prior to commencing any food (or consumable product) handling activities. This may be provided on-line at www.fbn.sa.gov.au or by obtaining a notification form from Adelaide Hills Council.

EPA NOTES

k. The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practicable measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which may cause

environmental harm. l. If, in carrying out the activity, contamination is identified which poses actual or

potential harm to the health of safety of human beings or the environment that is not trivial (taking the land use into account), the applicant may need to remediate the contamination in accordance with EPA guidelines.

m. If, at any stage, contamination is identified which poses actual or potential harm to water that is not trivial, notification of contamination with affects or threatens

http://www.fbn.sa.gov.au/


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AGENDA ITEM 2.2.2

groundwater (pursuant to Section 83A of the Environment Protection Act 1993) must be submitted to the EPA.

n. The site is currently subject to on-going monitoring. The applicant should liaise

with VIVA Energy prior to site development to identify where on-site wells may be damaged by site development works and arrange for the appropriate decommissioning of on-site wells. Any off-site wells must be protected from damage and are to remain in place.

o. Fuel deliveries and waste collection should be restricted to between 9am and 7pm on Sundays and Public Holidays, and between 7am and 7pm on any other day, in accordance with hours stated in Part 6 Division 3 of the Environment Protection (Noise) Policy 2007.

p. EPA information sheets, guidelines documents, codes of practice, technical

bulletins etc can be accessed on the following web site: http://www.epa.sa.gov.au

DPTI NOTES

q. The site is subject to a possible requirement under the Metropolitan Adelaide Road

Widening Plan for a 4.5 metres x 4.5 metres corner cut-off at the Mount Barker Road/Merrion Terrace corner. The consent of the Commissioner of Highways is required under the Metropolitan Adelaide Road Widening Plan Act for all new building works located on or within 6.0 metres of the possible requirement.

r. The applicant should fill out a consent form seeking consent of the Commissioner

of Highways consent for building work and forward to DPTI, together with three copies of the approved plans.

Sign here BEN GREEN CONSULTANT PLANNER DEVELOPMENT DIVISION DEPARTMENT OF PLANNING, TRANSPORT and INFRASTRUCTURE

http://www.epa.sa.gov.au/


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AGENDA ITEM 2.2.2

DEVELOPMENT PLAN PROVISIONS The Objective and Principles of Development Control of the Development Plan that are considered the most relevant to the assessment of the application are outlined as follows. These are contained in the Adelaide Hills Council Development Plan (consolidated 9 January 2014)

DISTRICT CENTRE ZONE

Objective 1: A centre that accommodates a range of business and retail facilities, offices, consulting rooms, and cultural, community, public administration, recreation, entertainment, health and religious venues servicing residents and visitors within the surrounding district.

Objective 2: Development of a visually and functionally cohesive and integrated district centre that maintains its village character, and is in accord with the District Centre Stirling Concept Plan Figure DCe/1.

Objective 4: Development that contributes positively to the desired character of the zone.

DESIRED CHARACTER

The Stirling District Centre is located adjacent to the South Eastern Freeway and constitutes the

primary entrance to the Township of Stirling. The District Centre is the primary service centre and community hub for the Council area.

The District Centre is intended to continue to offer a wide range of retail, community, leisure, administrative, cultural, and religious facilities. Residential development is considered appropriate in this Centre only where it is at medium density in the form of townhouses, apartments and shop-top housing, is ancillary to, and is located above or at the rear of, a non-residential use. It is intended that the form of the Centre should primarily comprise commercial activities facing Mt Barker Rd and side roads at ground level.

The built form of the Centre should continue to consist of small-scale, ground-level, “main street” types of development with retail, commercial, and medical activities fronting the roadways, and a wider range of activities facing the off-road parking areas.

The primary retail area of the Centre should be retained between Avenue Road/Pomona

Road and Johnston Street/Merrion Terrace. Buildings in the primary retail area should generally show a continuous single storey active retail face on the Mt Barker Road frontage, interspersed with walkways to off-street parking areas. These frontages should retain the appearance of a collection of small separate buildings even where the frontage is a single long structure as illustrated in Table AdHi/7.

Buildings with road frontages should be “stepped” with the topography rather than being “benched” into slopes. The built form should give the appearance of small-scale, discrete buildings with forms complementary to existing roof shapes, materials, colours, door and window shapes, and building heights to provide visually consistent streetscapes, and introduce a few distinctive design elements to avoid excessive repetition. Architectural styles may be mixed as long as the design themes remain complementary.

Buildings fronting Mount Barker Road should be constructed to the road boundary to form a continuous road frontage interspersed with walkway access to the rear parking areas. Buildings fronting other streets, and off-street parking areas, should have a


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AGENDA ITEM 2.2.2

variety of setbacks to create a mix of on-street shopfronts and street-facing al fresco dining, sitting or landscaped areas.

The distinctive village19 character of the Centre is largely defined by its avenues of mature, exotic, ornamental street trees, along with the garden features and landscaped areas within the Centre’s road reserves and parks. The various landscaped characters of the Steam Roller and Apex Parks, the Memorial Garden, the Council lawns, and the Stirling Oval are primary contributors to the Centre’s Public Realm.

It is essential that the functionality and streetscape appeal of the above features is retained and enhanced over time, and should not be adversely encroached upon by buildings, traffic management works or vehicle access points. Public footways should be sheltered by verandahs and awnings wherever practicable.

Landscaping associated with private developments should contribute to and complement the mature exotic shade trees and landscaping within the public realm.

Functional and attractive pedestrian links are essential to the character of the Centre, with distinctive features like arcades between buildings, marked access across car parks, sheltered footpaths along roads, and retail activities with eating areas and displays fronting pedestrian ways being encouraged.

There should be no additional vehicular access points to Mt Barker Road.

Buildings should be single storey at the street level with any second storey structures set back from the frontage. While buildings may be built up to two storeys, mechanical works such as air conditioning units, should be centrally located within or above the roof of the building, and should be less than ten metres above natural ground level in the Core and eight metres in the Fringe.

New developments should retain, respect and enhance State and Local Heritage Places.

The District Centre should encourage a variety of gentle and restful after-hours activities with outdoor restaurant seating, and a vibrant evening economy. Window shopping should also be encouraged with building frontages featuring window displays. Building security will feature see-through screens where required, and lighting which meets security and window shopping needs.

Car parking areas should be located at the rear of street-facing buildings, and should be integrated across property boundaries. Parking areas should be landscaped to provide planted edges, shade trees, and row-end or in-row planting areas.

Undercroft parking (under-building parking) and deck parking should only occur in the primary retail area of the Centre with access from off-street parking areas only, and ventilation gaps away from any street frontage. Deck parking should only be provided in ways that integrate it with existing topography, and not create stand alone “parking buildings”.

Advertising signage should be designed to provide identification and direction without

being grouped in ways that dominate the streetscape or provide unattractive conglomerations that detract from the character of individual qualities of buildings.

Signs should be attached to building facades, on side walls below rooflines, under verandahs or on the front face of verandahs and awnings. Signs should not be directly illuminated except via dim external lighting.

Ground-based, A-frame, pole-mounted, rooftop, animated, rotating, neon strip and internally illuminated signs are not appropriate in the Zone.


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AGENDA ITEM 2.2.2

The District Centre Stirling Concept Plan Figure DCe/1 sets out the future desired development of the Zone.

Land Use

PDC 2: Development listed as non-complying is generally inappropriate and not acceptable unless it can be demonstrated that it does not undermine the objectives and principles of the Development Plan.

PDC 4: Development should not cause the capacity of the existing road networks within the Zone to be exceeded.

Form and Character

PDC 5: Development should make a positive contribution to the desired character of the

zone and development inconsistent with the desired character is inappropriate.

PDC 6: Development should occur in accordance with the District Centre Stirling

Concept Plan Figure DCe/1.

PDC 7: Centre activities and uses, public amenities, and development, should be sited

and designed so as to promote after-hours use of the District Centre to reinforce it as the

focus of social activity in the district.

PDC 8: Outdoor dining activities on public footpaths should not conflict with pedestrian

flow and should not include permanent marquee-type structures.

PDC 9: Windows facing public roads should consist primarily of clear glazing, not

obstructed by advertising or security grilles to allow for casual surveillance of and from public spaces.

PDC 10: Buildings should be designed to face, and provide occupants with views of,

public and communal streets, public open space and car parking areas to allow casual surveillance of these spaces.

PDC 11: Where non-residential centre uses abut residential uses:

(a) activities with the greatest potential for impact should be directed away, and/or shielded acoustically and visually, from the common boundary; and,

(b) landscaping should be provided to assist in creating a visual separation and

assist in screening centre buildings of evident greater bulk and scale from

neighbouring properties.

PDC 13: The architectural style and design of buildings should improve and enhance the

character and amenity of the Centre.

PDC 14: Landscaping schemes should enhance the Stirling District Centre’s existing Autumn “colour change” theme by using shrubs, groundcover and mature shade trees of an exotic and ornamental nature, as indicated in Table AdHi/6.

Access and Parking

PDC 18: Where car parking areas abut a public road, landscaping should be provided in a

manner which screens vehicles and prevents headlight glare but which maintains surveillance of the car parking area from outside the site.


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AGENDA ITEM 2.2.2

PDC 19: Development should promote pedestrian and vehicle linkages between abutting development sites to co-ordinate movement patterns and minimise separate points of access onto public roads.

PDC 20: Car parking should be provided at rates no less than those set out in Table AdHi/4, other than where provision is made for the sharing of portion of the car parking space requirement with large pooled car parking areas on the consolidated site of the development, or by formal and binding arrangements elsewhere in the District Centre Zone.

Advertising signs

PDC 21: Advertisements should be consistent with the requirements set out in Table AdHi/7.

STIRLING CORE POLICY AREA

Character and built Form PDC 4: No building should exceed four metres in height above natural ground level at

street level or where it abuts a residentially zoned site. PDC 5: Higher building elements should be setback behind the primary single storey street façade with the mass and bulk reducing as the height of buildings increases.

PDC 7: No part of a building in the Core Policy Area should exceed: (a) two storeys, above the existing natural ground level excluding undercroft or semi- basement car parking areas; or, (b) ten metres in height (including roof and/or building mechanical equipment such as air conditioning or lift plant) above natural ground level measured at any point on the immediately adjoining site boundary; or, (c) 1.5 metres above natural ground level at any street frontage, for the finished floor level above undercroft or semi-basement parking. (See Figure SDC/A)

PDC 9: The layout and design of development should: (a) minimize physical modification of the site by retaining and supporting the value of natural features including trees and other topographic features of significance, and; (b) incorporate Water-Sensitive Urban Design principles relating to stormwater management.

PDC 11: Architectural features such as verandahs eaves, balconies, and detailing of facades should be utilised to provide visual interest, break-up the visual bulk of buildings, and avoid large blank walls particularly those facing public areas. PDC 12: Development should, wherever practicable, provide pedestrian shelter, particularly along well- trafficked routes and over the public footpath. Such shelter should be in the form of awnings, canopies, balconies or verandahs.

PDC 13: Development should not exceed site coverage of fifty percent of the total development site, where parking is only to be provided at ground level. Where basement, undercroft or decked car parking is proposed, the maximum site coverage should not exceed sixty percent. PDC 14: Facilities for the storage of goods, as well as waste, and associated truck

standing and access requirements, should be provided on-site and screened from public view from the road.


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PDC 15: Bulk waste areas and facilities should be screened from public view. Landscaping PDC 18: Development should provide landscaped open space designed to suit the setting

of the building and the streetscape and should include open park areas, enclosed courtyards, in-ground or planter-box planting, and outdoor eating areas. Trees and other landscape features should, wherever practicable, be incorporated in such areas as well as

in large expanses of car parking areas so as to provide shelter and enhance the appearance of these spaces. Access and Parking PDC 27: Clear or safe sight lines from streets through to commercial properties should be maintained, in particular, a combination of high crown trees and ground cover shrubs

should be used rather than dense shrubbery.

COUNCIL WIDE

Form of Development

Objective 1: Orderly and economic development.

Objective 8: Provision for increased employment opportunities.

PDC 2: Development should be orderly and economic. PDC 3: Development should take place on land which is suitable for the intended use of that land having regard to the location and condition of that land and the objectives for the zone in which it is located. PDC 9: Development should not take place in a manner which will interfere with the effective use of other land in the locality and which will not prevent the attainment of the objectives for that other land. Transport and Access PDC 41: The construction of access ways onto public roads should:

(a) not interfere with or restrict drainage channels or watercourses; and (b) be in a safe and convenient location. PDC 43: Development and associated points of access and egress should not cause interference with the free flow of traffic on adjoining roads. PDC 44: Development should include appropriate provision on the site to enable parking (including bicycles), loading, unloading, turning and fuelling of vehicles, and be in accordance with Table AdHi/4 Development Guidelines. PDC 46: Development should not generate pedestrian or vehicular traffic onto or across an arterial road as to impair the movement of traffic on that road or to cause safety hazards. PDC 52: Service vehicles should access development in Centre Zones without needing to drive through the customer movement and parking areas.


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AGENDA ITEM 2.2.2

PDC 53: Service vehicles should be able to enter and leave sites in a forward direction PDC 55: Common access points for adjacent developments within Centre Zones should be promoted in order to limit the number of access points created. PDC 56: Access points should be located as far away from intersections, road junctions and traffic signals as practicable.

PDC 59: Development should provide off-street vehicle parking and specifically marked disabled car parking places to meet anticipated demand in accordance with Table AdHi/4 Car Parking Provisions. PDC 60: Development should be consistent with Australian Standard AS2890 Parking Facilities. PDC 62: Development within Centre Zones should: (a) not cause inconvenient and unsafe traffic and pedestrian movements or be likely to result in the need for significant expenditure on transport and traffic works, or facilities within, or outside, the locality; (b) be concentrated for pedestrian convenience and not allowed to extend unnecessarily along road frontages; (increasing the depth of development is a more desirable alternative);

(c) provide for the separation of pedestrian and vehicle to ensure safety and convenience; (d) ensure that access to car parking areas does not to cause congestion or detract from the safety of traffic on abutting roads; (e) ensure that adequate and convenient provision is be made for service vehicles and the storage and removal of waste goods and materials;

(f) ensure that parking areas are consolidated and coordinated into convenient groups, rather than located individually, and the access points minimized; (g) ensure that car parks are orientated to facilitate direct and convenient access of pedestrians between them and the facilities they serve; (h) ensure that on-site parking is provided; and (i) provide appropriate manoeuvring and circulation areas on the site, in order to accommodate trucks and trailer movements for the carriage of products. Centres and Shops PDC 103: Centres should be developed in accordance with the desired character for each centre.

PDC 106: Development or redevelopment within Centre Zones should: (a) enable the integration of facilities in the zone; (b) enable multiple use of facilities and sharing of utility spaces; (c) be an attractive development, with a unified design of buildings and produce a close relationship between shops in a lively setting; (d) ensure materials are compatible with the natural features of the site and adjacent

buildings; (e) provide acceptable micro-climatic conditions and degree of exposure in designing and orienting buildings, and locating open space and car parking areas; (f) ensure development and operation of facilities within a zone are compatible with adjoining areas. This should be promoted through landscaping, screen walls, centre orientation, location of access ways, buffer strips and transitional use areas; (g) ensure signs are designed in scale with the amenity of the area, and carefully

located. Illumination from signs or floodlights should not spill over to adjacent areas; (h) provide for integration of public transport requirements;


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AGENDA ITEM 2.2.2

(i) provide for the integration of existing and future facilities, provide for ease of pedestrian movement and retain the opportunity for future development within the zone; (j) comply with the objectives for the zone and be compatible with the predominant character of other buildings in the locality; (k) preserve buildings of historical or architectural significance as identified in Tables AdHi/1 and 2; and (l) ensure development, including required car parking and landscaping, is not accommodated on land which required for road widening.

PDC 112: Development within Centre Zones should be undertaken in accordance with the desired character statements for each zone. PDC 113: Development should be undertaken in accordance with the standards and guidelines relating to appearance of land and buildings, car parking, advertising and signage, and building materials and finishes listed in Table AdHi/7. PDC 114: Development should not cause nuisance or hazard arising from: (a) traffic volumes; (b) excessive noise; (c) odours; (d) overlooking; (e) overshadowing; or (f) visual intrusion.

PDC 116: Development should provide: (a) off-street loading, service areas and service vehicle manoeuvring areas; (b) lighting for buildings and ancillary areas, with no light spill causing nuisance or hazard; and (c) unobtrusive facilities for storage and removal of waste materials.

PDC 119: Centres should have a minimal adverse impact on traffic movements on primary and primary arterial roads.

PDC 124: Development should be provided with adequate on-site car parking to accommodate customer, employee and service vehicles in accordance, where applicable, with the provisions set out in Table AdHi/4.

PDC 129: Layout of all parking areas should obviate the necessity for vehicles to reverse onto public roads. PDC 137: Landscaping within Centres should be undertaken in accordance with the Landscape Schedule in Table AdHi/6.

PDC 140: Landscaping should not be heavily reliant on irrigation. Commercial Development PDC 151: Commercial development should be of a high architectural standard, be set-back from the road frontage to allow for landscaping, and should not degrade the

amenity of the area by noise and traffic. Appearance of Land and Buildings PDC 228: Development should take place in a manner which will not visually interfere with the achievement of the objective for an area or, otherwise the existing character of scenically or environmentally important areas, or areas which are prominently visible from other land or which are frequented by the public.


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AGENDA ITEM 2.2.2

PDC 229: Development should take place in a manner which will minimize alteration to the existing land form. PDC 230: Excavation and earthworks should take place in a manner that is not extensively visible from surrounding localities. PDC 231: The appearance of land, buildings and objects should not impair the amenity of the locality in which they are situated.

Outdoor Advertisements PDC 250: The location, siting, size, shape and materials of construction, of advertisements should be: (a) consistent with the desired character of areas or zones as described by their objectives; (b) consistent with the predominant character of the urban or rural landscape; or (c) in harmony with any building or site of historic significance or heritage value in the locality. PDC 252: The scale of advertisements should be compatible with the buildings on which they are situated and with nearby buildings and spaces. PDC 257: Outdoor advertising located within Centre Zones both free-standing and

attached to buildings should: (a) be in accordance with the guidelines contained in Table AdHi/7; (b) have a coordinated character throughout each Centre Zone utilising common colours, lettering style and forms of signage; (c) be located and designed in such a way as to reflect and reinforce the character and function of the zone;

(d) be of a size and scale which complements the scale of buildings and does not overpower or distort the visual appearance of the buildings; (e) not impair the view of or from nearby developments; (f) not dominate the streetscape or erode the character and amenity of the area; (g) if illuminated, be internally lit and flashing or moving signs should be avoided; (h) not compete with or intrude upon tree canopies, but should be fixed or fascia level to ensure ease of visibility; (i) not distract attention from traffic control information; (j) be located and designed in such a way as to be in scale with development as a whole, the buildings therein and the desired character of the zone or otherwise be compatible with the character of the locality; and (k) not occur on supporting structures which exceed 6 metres in height; PDC 258: Minor directional aids to guide visitors to a particular facility should be

constructed in suitable locations where they do not detract from the amenity of the area or in any way interfere with or impair traffic safety.

name of applicant planning aspects pty ltd...development assessment commission 31 march 2016 1...

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