notice of council assessment panel meeting...park (do not wish to be heard) applicant: 53a wandana...

Council Assessment Panel Agenda 01 October 2019

Notice of Council Assessment Panel

Meeting

NOTICE IS HEREBY GIVEN

that a meeting of the

COUNCIL ASSESSMENT PANEL

of the

CITY OF BURNSIDE

will be held in the Council Chamber 401 Greenhill Road, Tusmore

on

Tuesday 01 October 2019

at 6.00 pm

Magnus Heinrich

Assessment Manager

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Disclaimer:

Please note that the contents of this Council Assessment Panel agenda have yet to be considered and deliberated by the Council Assessment Panel therefore the recommendations may be adjusted or changed by the Council Assessment Panel in the process of making the formal Council Assessment Panel decision.

Council is committed to openness and transparency in its decision-making processes, however some documents contained within attachments to Council Assessment Panel agenda items are subject to copyright laws and are not available in the agenda published on council’s website.

The full Council Assessment Panel agenda is available for viewing at Customer Service located at the Civic Centre during ordinary business hours.

City of Burnside Civic Centre

401 Greenhill Road, Tusmore SA 5065

Telephone; 8366 4200

Email: [email protected]

Office hours: Monday to Friday, 8.30am to 5.00pm (except public holidays)

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mailto:[email protected]

Council Assessment Panel Meeting Agenda

Tuesday 01 October 2019 at 6pm

Council Chambers, 401 Greenhill Road, Tusmore

Members: Bill Chandler (Presiding Member) Ross Bateup, Graeme Brown, Kate Shierlaw and Lilian Henschke

1 APOLOGIES

Nil

2 KAURNA ACKNOWLEDGEMENT

The Presiding Member will take the opportunity to acknowledge the Kaurna people.

3 CONFIRMATION OF MINUTES

Recommendation: That the minutes of the meeting held on Tuesday 03 September 2019 be taken as read and confirmed.

4 APPLICATIONS WITHDRAWN FROM THE AGENDA

Nil

5 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – PERSONS WISH TO BE HEARD

(A) NON-COMPLYING DEVELOPMENT APPLICATIONS (HEARING)

Report Number: 5744.1

Page:

Application Number: 180\0730\18

Applicant: Mr A Lyudviga

Location: 138 Waterfall Gully Road, Waterfall Gully

Proposal: Non-Complying – Two-storey detached dwelling including balconies, garaging, associated earthworks, retaining walls and landscaping

Recommendation: Subject to concurrence from the State Commission Assessment Panel, that Development Plan Consent be granted

Representors: Wes Yang – 136 Waterfall Gully Road Waterfall Gully (do notwish to be heard)

David John Roberts – 140 Waterfall Gully Road Waterfall Gully(do not wish to be heard)

Mark Hounslow and Maria Raftellis – 142 Waterfall Gully RoadWaterfall Gully (do not wish to be heard)

Natural Resources Management Board – Cleland NationalPark (do not wish to be heard)

Applicant: 53A Wandana Avenue, Gilles Plans

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Page:


Applicant: Kookaburra Homes

Location: 32 Old Norton Summit Road, Skye

Proposal: Construction of new dwelling, conversion of existing dwelling to storage shed and retaining walls (non-complying)


Representors: Rebecca Tofsted - 34 Old Norton Summit Road, Skye (wish tobe heard)

Applicant: PO Box 1116, Murray Bridge

(B) CATEGORY 3 DEVELOPMENT APPLICATIONS (HEARING)

Nil

(C) CATEGORY 2 DEVELOPMENT APPLICATIONS (HEARING)

Recommendation: As the opportunity to make a verbal presentation for Category 2 applications is at the Panel’s discretion, that the Panel provide an opportunity to be heard.


Page:


Applicant: Metro (SA Housing) Pty Ltd

Location: 12A Royal Avenue, Burnside

Proposal: Two storey dwelling and garage, retaining walls & cut/fill over 9 cubic metres

Recommendation: Development Plan Consent be granted

Representors: Anna Ranaldo & Konrad Neidzwieds – 9 Windsor Avenue,Burnside (wish to be heard)

Gavin & Lisa Jarman – 14 Royal Avenue, Burnside (wish to beheard)

Applicant: PO Box 2343, Kent Town


Page:


Applicant: Ekaton Corporation Pty Ltd

Location: 155-177 Glen Osmond Road, Frewville & 226 Fullarton Road,Glenside

Proposal: Construction of and change of use to a bitumen car park on a vacant lot at 226 Fullarton Road Glenside comprising 97 car parking spaces, two access ramps, 10 light poles, chain mesh fencing and associated signage and landscaping to service the existing Frewville Shopping Centre at 155-177 Glen Osmond Road Frewville


Representors: Dorchester Pty Ltd c/o Access Planning – 183 Glen OsmondRoad Frewville (wish to be heard)

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Cedar Woods – 220 Fullarton Road Glenside (do not wish tobe heard)

Applicant: PO Box 158 Kensington Park


Page:


Applicant: N Pearson

Location: 20 John Street, Eastwood

Proposal: Demolition of existing dwelling and construction of a new single storey dwelling including masonry front fence


Representors: Karl Mortimer & Melinda Brindle – 25 John Street, Eastwood(wish to be heard);

Sandy Wilkinson on behalf of Colleen & Brian Magor – 18John Street, Eastwood (wish to be heard)

Applicant: 81 Castle Street, Parkside


Page:


Applicant: Billson & Sawley Pty Ltd Architects

Location: 1 Bayview Crescent, Beaumont

Proposal: Two-storey open-sided outbuilding comprising outdoor living areas and associated swimming pool decking and fencing


Representors: Maurice and Janet Hassen c/o Heynen Planning Consultants –72 Dashwood Road Beaumont (wish to be heard)

Applicant: Level 1, 65G Dulwich Avenue, Dulwich

6 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – NO PERSONS TO BE HEARD

(A) NON-COMPLYING DEVELOPMENT APPLICATIONS (NO HEARING)

Nil

(B) CATEGORY 3 DEVELOPMENT APPLICATIONS (NO HEARING)

Nil

(C) CATEGORY 2 DEVELOPMENT APPLICATIONS (NO HEARING)

Nil

7 CATEGORY 1 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – NO PERSONS TO BE HEARD

Nil

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8 OUTSTANDING MATTERS – APPEALS AND DEFERRED ITEMS

8.1 180\0326\18 – 44 Watson Avenue, Rose Park

9 OTHER BUSINESS

Nil

10 ORDER FOR EXCLUSION OF THE PUBLIC FROM THE MEETING TO DEBATE CONFIDENTIAL MATTERS

Nil

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Council Assessment Panel Agenda

01 October 2019

Report Number: PR 5744.1

DEVELOPMENT APPLICATION


Applicant: Mr A Lyudviga

Location: 138 Waterfall Gully Road, Waterfall Gully

Proposal: Non-Complying – Two-storey detached dwelling including balconies, garaging, associated earthworks, retaining walls and landscaping

Zone/Policy Area: Hills Face Zone

Development Plan consolidated 19 December 2017

Kind of Assessment: Non-complying

Public Notification: Category 3

Four (4) representations received

Appeal Opportunity Third party only, no Applicant appeal rights

Referrals – Statutory: Country Fire Service

Department of Planning, Transport and Infrastructure

Referrals – Non Statutory: Technical Officer Engineering

Urban Forestry Officer

Delegations Policy: Non-complying development


Recommending Officer: Renae Grida

REPORT CONTENTS

Assessment report:

- Appendix 1 – Aerial Locality Map

- Appendix 2 – Detailed Planning Assessment

- Appendix 3 – Development Data Table

Please note that due to Federal Copyright Law restrictions, attachments associated with the proposed development are not made available to the public.

Documentation provided as attachments to the report to members of the Council Assessment Panel to facilitate decision making:

Plans and supporting documents

External agency referral reports

Internal agency referral reports

Representations received

Applicant’s response to representations

Photographs

Delegates report to proceed

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01 October 2019


1. DESCRIPTION OF PROPOSAL

The Applicant seeks Development Plan Consent for the construction of a two-storey detached dwelling, comprising a triple car garage, laundry, bathroom, w/c, lounge and two bedrooms to the ground level and master suite with ensuite and walk in robe, bedroom, bathroom and open plan living to the upper level, including balcony and terrace. The development also includes a minor extent of cut and fill, noting that the site has an existing benched area of which is being utilised to site the proposed building envelope.

2. BACKGROUND

Council records indicate a previous planning consent was granted on 19 November 2008 for a two storey detached dwelling with double garage and bridge, although it appears this approval was never enacted. The current proposal, Development Application 180\0730\18, was lodged on 26 July 2018 by Mr Alexei Lyudviga on behalf of the registered owner of the land. The proposal was determined to be a non-complying form of development pursuant to the Hills Face Zone, Principle of Development Control 27 of the Burnside (City) Development Plan, which states:

“The following kinds of development are non-complying in the Hills Face Zone:

Detached Dwelling or additions to, or conversion of, an existing detached dwelling where: (b) the scale and design is such that:

(i) the vertical distance between any point at the top of any external wall and the finished ground level immediately below that point on the wall exceeds three metres, other than gable ends of the dwelling where the distance exceeds five metres. (ii) there is a floor level directly above another floor level, except where the upper floor level is located wholly at or below finished ground level”

Despite the non-complying classification, the proposal was deemed to have sufficient merit to warrant a full assessment and the delegate made the determination to proceed pursuant to Regulation 17(3) of the Development Regulations 2008 (the Regulations). A request was then

made to the applicant to provide a Statement of Effect under Section 39(2)(d) of the Development Act 1993 (the Act).

The application was placed on Category 3 public notification for a period of two weeks, during which time no representations were received. The application required a statutory referral to the Country Fire Service (CFS) and the Department of Planning, Transport and Infrastructure (DPTI) pursuant to Schedule 8 of the Regulations, and was referred internally to Council’s Technical Officer Engineering in regards to traffic and manoeuvring and stormwater management. A full assessment of the proposed development has now been undertaken, and the application is presented to the Council Assessment Panel (the Panel) for consideration as a non-complying development with a staff recommendation that, subject to the concurrence of the State Commission Assessment Panel (SCAP), consent be granted.

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3. SUBJECT LAND AND LOCALITY ATTRIBUTES

3.1. Subject Land

The subject land is an existing vacant allotment located wholly within the Hills Face Zone, as identified by the Burnside (City) Development Plan. The land has a single frontage to Waterfall Gully Road, with allotments to the east and west, and abutting Cleland National Park to the north. Aerial imagery indicates a previous dwelling was removed from the land sometime between January and April 2017. The subject land is an irregular shaped allotment measuring some 1777 square metres in site area, with a frontage width of approximately 20.07 metres and a varying depth of 111 metres. The topography of the site rises steeply to the north from approximately 30 metre deep into the allotment, where the front 30 metres of the site are relatively benched due to previous buildings on the land, which have been identified as residential buildings.

3.2. Locality

The locality forms part of the Hills Face Zone and comprises properties on both the eastern and western side of Waterfall Gully Road. The locality is characterised by its steep topography and dense vegetation which plays a role in the appearance of land from Waterfall Gully Road. The western side of Waterfall Gully road comprises a steep, densely vegetated hill face with largely undeveloped land beyond. The eastern side sits within a valley, created for the placement of Waterfall Gully Road and is characterised by single and two storey residential development on deep sloping and well vegetated allotments.

4. KIND OF ASSESSMENT

Kind: Non-complying

Reason: Hills Face Zone, Principle of Development Control 27

Applicant Appeal Opportunity: No

5. PUBLIC NOTIFICATION

Category: Category 3

Reason: Development Act 1993, Section 38(2)(c)

Representations Received: Wes Yang – 136 Waterfall Gully Road Waterfall Gully (do not wish to be heard)

David John Roberts – 140 Waterfall Gully Road Waterfall Gully (do not wish to be heard)

Mark Hounslow and Maria Raftellis – 142 Waterfall Gully Road Waterfall Gully (do not wish to be heard)

Natural Resources Management Board – Cleland National Park (do not wish to be heard)

Third Party Appeal Opportunity: Yes

Representations received are provided as an attachment to the Panel.

Applicant’s response(s) to representations are provided as an attachment to the Panel.

6. AGENCY REFERRALS

External agency referrals are provided as an attachment to the Panel.

Internal agency referrals are provided as an attachment to the Panel.

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7. EXECUTIVE SUMMARY

7.1. Land Use

In relation to the current proposal, the following comments are made:

The Hills Face Zone serves as a natural backdrop to the Adelaide Plains, providing a buffer area between metropolitan districts and preventing the urban area from extending into the western slopes of the ranges. The Development Plan envisages a zone accommodating low-intensity agricultural activities and public/private open space where the natural character is preserved and visual intrusion of development limited, or single storey detached dwellings ion individual allotments;

The proposed development comprises a new two-storey detached dwelling on an existing allotment surrounded by established residential land uses;

The proposed works are of a high-quality design standard which are consistent in bulk, scale, form and proportion with other residential buildings in the area;

The proposed works require minimal earthworks and largely retains the natural landscape; and

The proposal is unlikely to create adverse impacts for the owners or occupiers of adjoining properties.

The proposed development is therefore not considered to be seriously at variance to the Burnside (City) Development Plan.

7.2. Character and Amenity

The locality, comprising land within the Hills Face Zone, is characterised by the shared relationship between the natural landscape character and detached dwellings of varying styles and scale. The locality enjoys a high degree of amenity, enhanced by the open and natural landscape of the hills. The site is not at all visible from the Adelaide Plains, and as such there will be no adverse visual impact on views from the Adelaide Plains, nor detrimental to the character and amenity of the locality. The proposed development is considered to be modest in nature despite the non-complying classification, and is not anticipated to have an adverse impact on the natural character of the zone. The two-storey building profile is not out of character or context, noting that the streetscape is made up of a mix of single-storey, two-storey and split-level dwellings. The dwelling is a modern design, featuring a skillion roof form and a mix of horizontal and vertical elements, not too dissimilar to a previous proposal approved by Council in 2008. The colour and material palette feature dark, natural colours, tones and textures, comprising a mix of timber cladding, limestone and weathertex cladding products. The siting of the proposed dwelling utilises the forward-most level portion of the site, being the most practical and obvious location to construct a building on the land. Due to the angular frontage, the proposed dwelling has a set back from the front property boundary that varies from 5.095m to 13.243m. Dwellings on the eastern side of Waterfall Gully Road within the immediate locality have varied setbacks that are either sited up to the front property boundary or encompass deep building setbacks. The varied character is a result of varied topographical and environmental features and constraints. As such, the proposed setback is considered suitable to the subject land and transitions well to the established buildings either side. In terms of amenity impacts to neighbouring properties, the dwelling is designed to minimise overlooking through the use of 1800mm timber slat screening to the balcony and terrace areas to the upper level.

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Further, the setbacks as proposed are considered to achieve the intent of the policy, which is for spatial separation and increased amenity between residences. Council is satisfied that the development has been designed to be consistent with and contribute to, achievement of the primary objective for the Hills Face Zone, having due regard to siting, mass and proportion, materials, floor levels, roof form and pitch, façade articulation and built form features in this locality.

7.3. Site Functionality

The primary areas of open space are the balcony and terrace areas incorporated into the built form. The land to the rear of the dwelling is largely unusable due to the steep terrain. This is again a characteristic of the locality and whist the area of open space don’t strictly adhere to the quantitative guidelines of the Development Plan, they are considered to be useable and accessible, achieving the intent of the qualitative aspects of those provisions. The development utilises an existing single vehicular access point to Waterfall Gully Road which is not being altered as a result of the proposed development. The site provides for sufficient on-site manoeuvring to facilitate vehicles entering and exiting the site in a forward motion. The development provides for sufficient off-street car parking in accordance with the residential guidelines of the Development Plan.

7.4. Public Notification

The application was subject to Category 3 public notification, during which time four (4) representations were received. The submissions and matters raised are summarised in the table below:

Wes Yang 136 Waterfall Gully Road Waterfall Gully

The block has been vacant for a very long time, glad that there will be a good looking new building.

The development has appropriate materials and finishes and would fit in nicely to the area.

David John Roberts 140 Waterfall Gully Road Waterfall Gully

The design lodged encroaches on boundaries of neighbouring properties.

The setback on the side adjacent to 140 Waterfall Gully Road doesn’t have an adequate setback from the bedrooms of 140 Waterfall Gully Road with inadequate provision for privacy and acoustically.

Mark Hounslow and Maria Raftellis

142 Waterfall Gully Road Waterfall Gully

Screening wall on the east side of the dwelling is too low (1400mm).

No specification of gaps between slats on screening wall.

Excessive and dominating balcony which runs the full length of the dwelling on the east side raising potential privacy and noise concerns.

Privacy issues from glass windows on east side of property.

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Natural Resources Management Board Cleland National Park

No objections to the proposed.

Ensure that development activities are effectively contained on the site to minimise movement of disturbed soil discharging into First Creek.

In short, the main issues raised by neighbours relate to building setbacks, privacy and noise. The applicant provided a formal written response and amended plans to address the concerns raised, of which is summarised as follows: Setbacks

Amended setback diagram (elevation) and site setbacks plan provided.

The plans demonstrate that the building is wholly within the boundaries of the land at 138 Waterfall Gully Road Waterfall Gully.

The boundary wall to the eastern side is 3.5m in length and largely a retaining wall that will not be visible to the eastern side neighbours.

The western side setbacks are 1.3m at the ground level and 4m at the upper level. Privacy

The balcony is thoroughly screened to the east and west sides with a 1800mm high screen with timber slats spaced at gaps of no more than 5mm.

Noise

The proposal is for a family home and will be utilised for family activities. Council considers that the planning matters raised through the public notification process have been sufficiently addressed through the overall design of the building and the amendments introduced following the notification period insofar as they are to be determined under the Development Act 1993.

7.5. Agency Referrals

The application was referred to the CFS pursuant to Section 37 of the Act and Schedule 8 of the Regulations. No objections were raised but standard conditions were recommended. These conditions have been applied to the recommendation presented to the Panel. The application was also referred to the Department of Planning, Transport and Infrastructure (DPTI) as Waterfall Gully Road is an arterial road under the care and control of the Minister. DPTI noted that the proposed development retains the existing access and is satisfied with vehicles entering and exiting the site in a forward motion, ultimately supporting the proposed development. Council’s Technical Officer reviewed the proposal and engineering advice provided and concurred with the findings, raising no objections to the proposal. Similarly, Council’s Urban Forestry Officer has reviewed the proposed access and has raised no concern in regards street tree impacts.

7.6. Conclusion

Having regard to all of the relevant Objectives and Principles of Development Control of the Burnside (City) Development Plan, the proposed development is not considered seriously at variance with, and is generally in accordance with, the policies of the Development Plan.

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8. RECOMMENDATIONS

It is recommended that the Council Assessment Panel resolve that:

1. The proposed development is not seriously at variance with the policies in the Development Plan; and

2. Subject to concurrence from the State Commission Assessment Panel, that Development Application 180\0730\18, by Mr A Lyudviga, is granted Development Plan Consent

subject to the following conditions and reserved matters:

Conditions

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The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason: To ensure the development is undertaken in accordance with the plans and details submitted.

The timber plank privacy screening to the extent of the eastern and western sides of the upper level balcony as shown on the stamped and approved plans granted Development Plan Consent shall be installed prior to the occupation or use of the building herein granted Development Plan Consent. The timber plank privacy screening shall be a minimum height of 1800mm above the floor level of the balcony, and each plank shall have a spacing of no more than 5mm. The screen shall be fixed and thereafter shall be maintained to the reasonable satisfaction of the Council at all times. Reason: To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties.

The landscaping detailed on the stamped and approved plans granted Development Plan Consent shall be undertaken within three (3) months of the substantial completion of development and in any event prior to the occupation or use of the development. Such landscaping shall be maintained in good health and condition to the satisfaction of the Council at all times and any dead or diseased plants or trees shall be immediately replaced to the reasonable satisfaction of the Council. Reason:

To provide amenity for the occupants of buildings and those of adjacent buildings through the provision of landscaping as part of the development. DPTI Requirements

1. All access to/from the site shall be constructed in general accordance with the site plan provided by Lyudvig Design Studio (Job No. LT02, Drawing No. PA01, dated 28 March 2019).

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2. Vegetation in the road reserve shall be cut back to maximise sight distances at the access point prior to occupation of the dwelling, with all costs being borne by the applicant. The applicant shall liaise with Council’s Traffic Engineer to identify the vegetation that can be removed to maximise the sight distance at the access point.

3. All vehicles shall enter and exit the site in a forward direction. 4. Stormwater run-off shall be collected on-site and discharged without

jeopardising the integrity and safety of the adjacent road network. Any alterations to the road drainage infrastructure required to facilitate this shall be at the applicant’s cost.

Access to Dwelling Minister’s Code 2009 “Undertaking development in Bushfire Protection Areas” (as amended October 2012), Part 2.3.3.1 describes the mandatory provision that ‘Private’ roads and driveways to buildings shall provide safe and convenient access/egress for large bushfire fighting vehicles, where the furthest point to the building from the nearest public road is more than 30 metres. SA CFS has no objection to the proposed access driveway as detailed on drawing named Site Plan, dated at last revision 28/03/2019, with the following conditions:

Access to the building site shall be of all-weather construction, with a minimum formed road surface width of 3 metres and must allow forward entry and exit for large fire-fighting vehicles.

The all-weather road shall allow fire-fighting vehicles to safely enter and exit the allotment in a forward direction by incorporating either –

i. A loop road around the building, OR ii. A turning area with a minimum radius of 12.5 metres, OR iii. A ‘T’ or ‘Y’ shaped turning area with a minimum formed length of 11 metres and minimum internal radii of 9.5 metres.

Private access shall have minimum internal radii of 9.5 metres on all bends.

Vegetation overhanging the access road shall be pruned to achieve a minimum vehicular clearance of not less than 4 metres in width and a vertical height clearance of 4 metres.

Solid crossings over waterways shall be provided to withstand the weight of large bushfire appliances (GVM 21 tonnes).

Reason:

To ensure requirements of the CFS are upheld. Vegetation

Minister’s Code 2009 “Undertaking development in Bushfire Protection Areas” (as amended October 2012), Part 2.3.5 mandates that landscaping shall include Bushfire Protection features that will prevent or inhibit the spread of bushfire and minimise the risk to life and/or damage to buildings and property. Revegetation within 20m of the dwelling shall be in accordance with the following conditions:

A vegetation management zone (VMZ) shall be established and maintained within 20 metres of the dwelling (or to the property boundaries – whichever comes first) as follows:

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i. The number of trees and understorey plants existing and to be established within the VMZ shall be maintained such that when considered overall a maximum coverage of 30% is attained, and so that the leaf area of shrubs is not continuous. Careful selection of the vegetation will permit the ‘clumping’ of shrubs where desirable, for diversity, and privacy and yet achieve the ‘overall maximum coverage of 30%’. ii. Reduction of vegetation shall be in accordance with SA Native Vegetation Act 1991 and SA Native Vegetation Regulations 2017. iii. Trees and shrubs shall not be planted closer to the building(s) than the distance equivalent to their mature height. iv. Trees and shrubs must not overhang the roofline of the building, touch walls, windows or other elements of the building. v. Shrubs must not be planted under trees or must be separated by at least 1.5 times their mature height from the trees’ lowest branches. vi. Grasses within the zone shall be reduced to a maximum height of 10cm during the Fire Danger Season. vii. No understorey vegetation shall be established within 1 metre of the

dwelling (understorey is defined as plants and bushes up to 2 metres in height). viii. Flammable objects such as plants, mulches and fences must not be located adjacent to vulnerable parts of the building such as windows, decks and eaves ix. The VMZ shall be maintained to be free of accumulated dead

vegetation. Reason:

To ensure requirements of the CFS are upheld. Access (to dedicated water supply)

Minister’s Code 2009 “Undertaking development in Bushfire Protection Areas” (as amended October 2012), Part 2.3.4.1 requires a dedicated and accessible water supply to be made available at all times for fire-fighting. The proposed location of dedicated fire water has not been detailed on drawings provided.

The water supply outlet shall be easily accessible and clearly identifiable from the access way. Stand-alone tanks shall be identified with the signage ‘WATER FOR FIRE FIGHTING’ and the tank capacity written in 100mm lettering on the side of each tank and repeated so that the sign is visible from all approaches to the tank. The sign shall be in fade-resistant lettering in a colour contrasting with that of the background (ie blue sign with white lettering).

Access to the dedicated water supply shall be of all-weather construction, with a minimum formed road surface width of 3 metres.

Provision shall be made adjacent to the water supply for a flat hardstand area (capable of supporting fire-fighting vehicles with a gross vehicle mass (GVM) of 21 tonnes) that is a distance equal to or less than 6 metres from the water supply outlet.

SA CFS appliance inlet is rear mounted; therefore the outlet/water storage shall be positioned so that the SA CFS appliance can easily connect to it rear facing.

A gravity fed water supply outlet may be remotely located from the tank to provide adequate access.

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All non-metal water supply pipes for bushfire fighting purposes (other than flexible connections and hoses for fire-fighting) shall be buried below ground to a minimum depth of 300mm with no non-metal parts above ground level. The suction outlet pipework from the tank shall be fitted with an inline non return valve of nominal internal diameter not less than that of the suction pipe and be located from the lowest point of extract from the tank. All fittings shall be installed to allow for easy maintenance.

Water Supply Minister’s Code 2009 “Undertaking development in Bushfire Protection Areas” (as amended October 2012), Part 2.3.4.1 prescribes the mandatory provision of a dedicated and accessible water supply to be made available at all times for fire-fighting. Ministers Specification SA78 provides the technical details of the dedicated water supply for bushfire fighting for the bushfire zone. The dedicated bushfire fighting water supply shall also incorporate the installation of a pumping system, pipe-work and fire-fighting hose(s) in accordance with Minister’s Specification SA78:

A minimum supply of 22,000 litres of water shall be available at all times for bushfire fighting purposes.

The minimum requirement of 22,000 litres may be combined with domestic use, providing the outlet for domestic use is located above the 22,000 litres of dedicated fire water supply in order for it to remain as a dedicated supply.

The bushfire fighting water supply shall be clearly identified and fitted with an outlet of at least 50mm diameter terminating with a compliant SA CFS fire service adapter, which shall be accessible to bushfire fighting vehicles at all times

The water storage facility (and any support structure) shall be constructed of non-combustible material.

The dedicated fire-fighting water supply shall be pressurised by a pump that has –

i. A minimum inlet diameter of 38mm, AND ii. Is powered by a petrol or diesel engine with a power rating of at least 3.7kW (5hp), OR iii. A pumping system that operates independently of mains electricity and is capable of pressurising the water for fire-fighting purposes.

The dedicated fire-fighting water supply pump shall be located at or adjacent to the dwelling to ensure occupants safety when operating the pump during a bushfire. An ‘Operations Instruction Procedure’ shall be located with the pump control panel.

The fire-fighting pump and any flexible connections to the water supply shall be protected by a non-combustible cover that allows adequate air ventilation for efficient pump operation.

All bushfire fighting water pipes and connections between the water storage facility and a pump shall be no smaller in diameter than the diameter of the pump inlet.

All non-metal water supply pipes for bushfire fighting purposes (other than flexible connections and hoses for fire-fighting) shall be buried below ground to a minimum depth of 300mm with no non-metal parts above ground level.

A fire-fighting hose (or hoses) shall be located so that all parts of the building are within reach of the nozzle end of the hose and if more than one hose is required they should be positioned to provide maximum coverage of the building and surrounds (i.e. at opposite ends of the dwelling).

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All fire-fighting hoses shall be capable of withstanding the pressures of the supplied water.

All fire-fighting hoses shall be of reinforced construction manufactured in accordance with AS 2620 or AS 1221.

All fire-fighting hoses shall have a minimum nominal internal diameter of 18mm and a maximum length of 36 metres.

All fire-fighting hoses shall have an adjustable metal nozzle, or an adjustable PVC nozzle manufactured in accordance with AS 1221.

All fire-fighting hoses shall be readily available at all times Reason:

To ensure requirements of the CFS are upheld.

Advisory Notes

1 Engineering Requirements:

Driveway Conditions:

Unless approved otherwise, construction of the driveway crossover shall be in accordance with Council’s Standard Specification and General Conditions and completed to the reasonable satisfaction of Council.

A driveway width of 4.5 metres is permitted across the verge and a crossover width of 5.5 metres (maximum) is permitted at the kerb and gutter.

Vehicles must enter and exit the property in a forward direction.

If you elect to carry out the works yourself (or via a contractor) evidence of Public Liability Insurance must be provided to Council before any works can commence on the public verge/road.

Street Trees

Proposed crossover requires a 1.5m setback from any Council street tree.

No tree roots larger than 40mm in diameter are to be cut without Council consent.

Street trees to be protected during development with bunting set 1.5m from the trunk for duration of works.

Crossover to be constructed using Permeable materials.

No storing of materials on road verge during construction.

No pruning of street trees.

No vehicles on road verge at any time during development.

The applicant will be liable for any damage caused to public trees during the development process, including damage by privately engaged contractors.

Footpath Maintenance

Existing footpath levels, grades etc. shall not be altered as a result of the new works associated with the development.

Stormwater Detention

Due to the increase of the impermeable area, detention shall be provided to limit post development flows. Calculations shall be provided to verify the ability of the proposed detention quantity to meet the Council’s default detention and discharge requirements below:

The volume of any detention device shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site

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coverage of 75% and pervious (Cp = 0.1) area of 25%, during a 1 in 20 year flood event for a 10 minute duration.

The maximum rate of discharge from the site shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 40% and pervious (Cp = 0.1) area of 60%, during a 1 in 5 year flood event for a 10 minute duration.

For stormwater management purposes, it is desirable that:

An additional detention storage of 1,000Ltrs be provided in addition to the standard 1,000Ltrs retention tank provided; and

The development utilises permeable paving for the proposed external paving work within the development site.

Stormwater Discharge

The developer is responsible for locating all existing services and to consult with the necessary service providers if there is a conflict when placing stormwater infrastructure.

Construction of the stormwater infrastructure is in accordance with Council’s Standard Specification and General Conditions and to the overall satisfaction of Council.

Trenching and connections are to be undertaken as per Australian Plumbing Standards.

Excess stormwater runoff from surfaces within the subject land shall be controlled and managed within the subject land.

Excess stormwater runoff from the roof catchment shall be discharged to the creek through a sealed system to the satisfaction of the Council.

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01 October 2019


APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land

Representor’s Land

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01 October 2019


APPENDIX 2

DETAILED PLANNING ASSESSMENT

Summary of Hills Face Zone Objectives and Principles

Primary Hills Face Zone Objectives:

Objective 1: A zone in which the natural character is preserved and enhanced or in which a natural character is re-established in order to: (a) provide a natural backdrop to the Adelaide Plains and a contrast to the urban area; (b) preserve and develop native vegetation and fauna habitats close to metropolitan Adelaide; (c) provide for passive recreation in an area of natural character close to the metropolitan area; (d) provide a part of the buffer area between metropolitan districts and prevent the urban area extending into

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

Objective 2: A zone accommodating low-intensity agricultural activities and public/private open space and one where structures are located and designed in such a way as to: (a) preserve and enhance the natural character or assist in the re-establishment of a natural character in the

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

from the Adelaide Plains; (c) not create, either in themselves, or in association with other developments, a potential demand for the

provision of services at a cost to the community; and (d) prevent the loss of life and property resulting from bushfires.

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

character, or is a detached single-storey dwelling, including outbuildings and structures normally associated with such dwellings, on a single allotment; and

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

Subject:

DP Ref

Assessment:

Zoning and Land Use O 1 PDC 1

Satisfied.

The subject land is currently vacant and located amongst existing residential allotments, whereby the proposed dwelling is not considered out of character and is logically anticipated.

The design of the proposed dwelling is characteristic of established dwellings in the locality which follow the topography of the land and is not visible from the Adelaide Plains.

Design for Topography PDC 2

Satisfied.

The location of the proposed building envelope is relatively flat and there is minimal cut and fill required to accommodate proposed FFL’s.

There is a portion of cut toward the rear section of the building where the land begins to elevate dramatically, where there will be a retaining wall to the boundary, however it will not be a visual disturbance to the neighbouring property.

Operation and Management PDC 3-6

Satisfied.

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01 October 2019


Building Design and Location

PDC 7-17 Satisfied.

The subject land is in an area that is unobtrusive and not at all visible from the Adelaide Plains.

The proposed building is suitably setback from the front property boundary and is relative to established setbacks along the eastern side of Waterfall Gully Road.

The extent of cut and fill is minimal in the context of the overall site and locality.

The two-storey built form incorporates materials and tones that are sympathetic to the natural character of the area.

The building does not exhibit significant mass or proportions and is suitably articulated.

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01 October 2019


Summary of Council Wide Objectives and Principles

Primary Residential Development Objectives:

Objective 11: Development of a high design standard and appearance that responds to and reinforces positive aspects of the local environment and built form.

Objective 53: A variety and choice of dwelling types to meet the needs and preferences of all sections of the community.

Objective 54: Containment of housing costs through the encouragement of a full range of design and development techniques.

Objective 55: Safe, pleasant, accessible and convenient residential areas.

Objective 56: Residential development which moderates adverse climatic conditions, takes advantage of solar energy, does not unreasonably overshadow adjacent development, and protects the natural environment.

Subject:

DP Ref

Assessment:

Building Set-backs

PDC 161–163 Front Set-backs

Satisfied.

Side Set-backs Satisfied.

Rear Set-backs

Satisfied. Building Height PDC 164

Satisfied.

Site Coverage PDC 165

Satisfied.

Private Open Space PDC 166, 169

Variance.

Whilst the dimensions for open space, and the amount of open space do not achieve the minimum guidelines of PDC 167, the character of the locality is such that terraces and balconies accommodate primary outdoor living areas.

Privacy PDC 22, 174–176

Satisfied.

The eastern and western side elevations of the balconies to the upper level include 1800mm timber slat screening with spacings not exceeding 5mm.

Views toward Waterfall Gully Road are warranted.

Access and On-Site Car Parking PDC 177–182

Satisfied.

The development accommodates sufficient off-street car parking.

Access is achieved in accordance with Council and DPTI guidelines.

Access to Sunlight PDC 21, 183–186

Satisfied.

Fences and Retaining Walls PDC 190–194

Satisfied.

Hazards Satisfied.

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01 October 2019


O 39-42 PDC 126–138 Trees and Other Vegetation O 24-28 PDC 77-92

Satisfied.

There are no regulated or significant trees affected by the proposed development.

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01 October 2019


APPENDIX 3

DEVELOPMENT DATA TABLE

Site Characteristics Proposed Guideline

Site Area 1725m2 (existing) N/A

Street Frontage 20.07m (existing) N/A

Design Characteristics Proposed Guideline

Site Coverage

- Buildings only 9.4% 40%

- Buildings and driveways 16.6% 50%

- Total floor area 26.4% 50%

Building Height

- storeys 2 storeys 2 storeys

- metres 9m 9m

Set-backs

Lower Level

- front boundary 5.095m – 13.243m (angled frontage) 8m

- side boundary 1.6m – 4.3m (n) 1.5m (s)

2m

- rear boundary >4m 4m

Upper Level

- front boundary 5.095m – 13.243m (angled frontage) 8m

- side boundary 4.1m (n) (to the external wall) 4m (s) (to the external wall)

4m

- rear boundary >8m 8m

Boundary Wall

- length 3.7m 8m

- height 2.7m (of visible wall) 3m

Private Open Space

- percentage 34.5% of TFA 50%

- dimensions 6m x 5m 5m x 8m

Car Parking and Access

- number of parks 3 2

- width of driveway 4.5m 4.5m

- width of garage/carport door 24.5% 33%

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01 October 2019




Applicant: C Rigney – Kookaburra Homes

Location: 32 Old Norton Summit Road, Skye

Proposal: Construction of new dwelling, conversion of existing dwelling to storage shed and retaining walls (non-complying)

Zone/Policy Area: Development Plan consolidated 19 December 2017

Kind of Assessment: Non-complying


One (1) representation received

Appeal Opportunity Third party only, no applicant appeal rights

Referrals – Statutory: Country Fire Services (CFS)

Referrals – Non Statutory: Principle Traffic Engineer

Delegations Policy: Unresolved representations

Non-complying development


Recommending Officer: Jake Vaccarella

REPORT CONTENTS

Assessment report:







External agency referral reports




Photographs

Delegate’s Report to Proceed

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01 October 2019



The applicant seeks Development Plan Consent for the construction of a new single storey detached dwelling, associated retaining walls and the conversion of an existing dwelling (destroyed by fire) to a storage shed. The proposed dwelling comprises the following:

Master bedroom (with WIR and ensuite);

Three (3) additional bedrooms;

Bathroom;

Open plan, kitchen, meals and living areas;

Two roofed decking areas;

Carport (subfloor)

The proposal also encompasses incidental retaining walls surrounding the footprint of the dwelling ranging from 0.8 metres to 2.2 metres in height. The existing dwelling to the north of the proposed dwelling was damaged in a fire and will repaired and converted to a storage shed.

2. BACKGROUND

Development Application 180\0096\19 was lodged on 07 February 2019 by Chelsea Rigney of Kookaburra Homes on behalf of the registered owners of the land. The application was determined to be a non-complying form of development pursuant to the Burnside (City) Development Plan, Hills Face Zone, Principle of Development Control 27, which states that:

“The following kinds of development are non-complying in the Hills Face Zone: Detached Dwelling or additions to, or conversion of, an existing detached dwelling where: (a) the dwelling is to be constructed on an allotment where:

(i) a dwelling already exists; or (b) the scale and design is such that:

(i) the vertical distance between any point at the top of any external wall and the finished ground level immediately below that point on the wall exceeds three metres, other than gable ends of the dwelling where the distance exceeds five metres; or

(my underlining)

Despite the non-complying classification, the proposal was deemed to have sufficient merit to warrant a full assessment and the delegate made the determination to proceed pursuant to Regulation 17(3) of the Development Regulations 2008. A request was then made to the applicant to provide a Statement of Effect under Section 39(2)(d) of the Development Act 1993. For the purposes of public notification, the application was determined to be a Category 3 development pursuant to 38(2)(c) of the Development Act 1993. The application was made available for public inspection between 06 August 2019 and 21 August 2019, during which time Council received written submissions from one external party who identified concerns relating to overlooking and visual privacy.

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01 October 2019


The application required a statutory referral to the Country Fire Service (CFS) pursuant to Schedule 8 of the Development Regulations 2008, and was referred internally to Council’s Technical Officer Traffic in regards to access, manoeuvring and stormwater management. The proposal is now presented to the Council Assessment Panel (the Panel) for determination as a non-complying development, with a staff recommendation for consent, subject to the concurrence of the State Commission Assessment Panel (SCAP).


3.1. Subject Land

The subject land is an irregular shaped allotment located on the southern side of Old Norton Summit Road within the suburb of Skye, as recorded in Certificate of Title Volume 5075 Folio 449. The subject land is wholly contained within the Hills Face Zone and measures approximately 6638 square metres with a frontage of 35.5 metres to Old Norton Summit Road. The subject land slopes upwards significantly from north east to south west with approximately 70 metres rise from the Old Norton Summit Road frontage of the site to the rear boundary. The subject land is heavily vegetated

The site is currently occupied by a single storey detached dwelling with an elevated timber deck. The dwelling which was damaged by fire has been cut into the sloping land which is supported by a concrete sleeper retaining wall in excess of 2 metres in height. Other improvements to the site include a swimming pool and elevated timber decking located in the eastern corner of the site. Vehicle access to the site is provided via two crossovers located at the eastern and western extent of the frontage to Old Norton Summit Road. Both access points are linked via a 3.2 metre wide semicircular driveway that wraps around the front of the existing dwelling.

3.2. Locality

The locality is characterised by the varied topographical features of the Hills Face Zone. The immediate locality consists of a large irregular shaped allotments which comprise a mix of low scale residential development at very low density. Old Norton Summit Road also represents the boundary interface between the City of Burnside and Adelaide Hills Council. Sites are generally heavily vegetated with a combination of gardens and native vegetation which serve to preserve the natural character of the area as well as assist in concealing the view of dwellings from the public realm and adjacent land.


Kind: Non-complying

Reason: Hills Face Zone Principle of Development Control 27

Applicant Appeal Opportunity: No

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01 October 2019




Reason: Development Act 1993 - Section 38(2)(c)

Representations Received: Rebecca Tofsted - 34 Old Norton Summit Road, Skye (wish to be heard)

Third Party Appeal Opportunity: Yes



6. AGENCY REFERRALS

External agency referrals are provided as an attachment to the Panel.



7.1. Land Use


The Hills Face Zone serves as a natural backdrop to the Adelaide Plains, providing a buffer area between metropolitan districts and preventing the urban area from extending into the western slopes of the ranges. The Development Plan envisages a zone accommodating development where the natural character is preserved and visual intrusion of development limited;

The development will have minimal impact on the natural character of the zone;

The proposed dwelling will sit relative to other established development in the locality in terms of siting and built form characteristics;

The development will not affect existing native vegetation and fauna habitats; and

The design of the proposed dwelling will modest impact on the appearance of the land when viewed from the Adelaide Plains.



The locality, comprising land within the Hills Face Zone, is characterised by the shared relationship between the natural landscape character and detached dwellings of varying styles and scale. The style of dwellings is varied and largely retain the natural landscape character, Dwellings styles are relatively varied and largely retain the natural landscape character of the Hills Face Zone. Objective 1 of the Hills Face Zone seeks to retain and enhance this natural character of the area and provide a natural backdrop to the Adelaide Plains. The proposed development is consistent with this policy on account of it replacing an existing dwelling utilising existing vehicle access and existing excavated and cleared land.

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01 October 2019


The proposed dwelling is of a high design standard and comprises a suspended timber frame configuration so as to respect the natural contours of the land, thus minimising the need for additional cut and fill. The external appearance of the dwelling is highlighted by its horizontal weatherboard sheeting and Colorbond gabled roof finished in light grey and dark grey, so as to blend with the natural landscape and have limited reflectivity. The proposed development has been designed and sited in a sympathetic manner that seeks to preserve and enhance this natural character. The design demonstrates a significant degree of merit based on the following:

This proposal, for a replacement dwelling on a generously sized vacant allotment, is compatible with the surrounding land uses and does not jeopardise the continuation of these surrounding activities;

The form and scale of the building is of a comparable scale to existing residences within the locality. The design and siting of the dwelling is considered discrete and of low visibility, with the dwelling to be largely concealed by the presence of established native vegetation in the front yard of the dwelling adjacent third creek;

Access to the site is provided via two existing crossovers at either end of the site with frontage to Old Norton Summit Road and driveway that links the two, enabling vehicles to enter and exit the site in a safe and convenient manner;

Earthworks are minimised as a result of the suspended timber floor configuration and the incidental retaining walls are of a size and scale and sited in a manner that minimises their obtrusiveness on adjacent land;

The proposed development will have minimal impact on the existing native vegetation scattered across the subject land;

The proposal does not introduce any new privacy concerns on account of its siting of the building in relation to adjoining dwellings and the presence of mature native vegetation, of which serve to conceal and obscure views over adjacent land;

The proposal incorporates the development of a new stormwater management plan including directing all roof runoff to a new rainwater tank and the direction of tank overflow in accordance with Council specifications; and

The proposed dwelling has been sited, designed and undertaken with appropriate precautions to minimise the risks of bushfire.


The proposal maintains vehicular access via two existing crossovers located at either end of the subject land with frontage to Old Norton Summit Road. The location of the dwelling ensures that the site can achieve safe and convenient vehicular access via a suitably graded driveway without the need for excessive earthworks. Councils Principle Traffic Engineer has reviewed the proposal and confirmed that the proposal can achieve safe and convenient vehicular access including sufficient on-site vehicle manoeuvrability. The proposed dwelling footprint is modest in the context of the size of the site, sitting well below site coverage and total floor area guidelines under the Development Plan. The land also accommodates an appropriate portion of useable and accessible open space to the side and rear.

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01 October 2019



During the public notification period, Council received one representation from the owner of the adjoining allotment at 34 Old Norton Summit Road, raising concerns regarding overlooking. The applicant engaged private planning consultant Tim Beazley of Planning Chambers Pty Ltd to provide a formal response to the representations. Council considers that the planning matters raised through the public notification process have been sufficiently addressed through the overall design of the building and the amendments introduced following the notification period insofar as they are to be determined under the Development Act 1993.


Council’s Principle Traffic Engineer is supportive of the application with respect to stormwater management and access and has imposed general notes with respect to engineering requirements. The application was referred to the CFS pursuant to Schedule 8 of the Development Regulations 2008. The CFS raised no objection to the proposed development, subject to mandatory bushfire protection requirements which have been incorporated as conditions within this recommendation. The applicant has confirmed that there is currently no sewer connection to the land. The existing dwelling has an onsite waste water management system in place however it is insufficient for the proposed new dwelling. The applicant has engaged an engineer to design a new waste water management system to suit. A condition of consent has been included to ensure no works are undertaken on site until such time that the applicant has received written approval from the Eastern Health Authority for a new waste water management system.

7.6. Conclusion


8. RECOMMENDATIONS



2. Subject to concurrence from the State Commission Assessment Panel, that Development Application 180\0096\19, by C Rigney of Kookaburra Homes is granted Development Plan Consent subject to the following conditions:

Conditions

1 The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below.

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01 October 2019


Reason:

To ensure the development is undertaken in accordance with the plans and details submitted.

2 The approved works may not commence until such time as the applicant has secured written authorisation for an on-site waste management system from the Eastern Health Authority pursuant to the SA Public Health (Wastewater) Regulations 2013. Reason: To ensure the applicant has secured all relevant consents/authorisations required prior to the commencement of development.

3 Access to Dwelling

- Access to the building site shall be of all-weather construction, with a minimum formed road surface width of 3 metres and must allow forward entry and exit for large fire-fighting vehicles.

- Private access shall have minimum internal radii of 9.5 metres on all bends. - The all-weather road shall allow fire-fighting vehicles to safely enter and exit the

allotment in a forward direction. - SA CFS has no objection to utilising the existing ‘drive through’ option,

provided that the water crosssings comply with the weight requirements below and the driveway is not obstructed by vegetation or structures.

- Solid crossings over waterways shall be provided to withstand the weight of large bushfire appliances (GVM 21 tonnes).

4 Access (to Dedicated Water Supply)

- The water supply outlet shall be easily accessible and clearly identifiable from the access way. Stand alone tanks shall be identified with the signage ‘WATER FOR FIRE FIGHTING’ and the tank capacity written in 100mm lettering on the side of each tank and repeated so that the sign is visible from all approaches to the tank. The sign shall be in fade-resistant lettering in a colour contrasting with that of the background (ie blue sign with white lettering).

- Access to the dedicated water supply shall be of all-weather construction, with a minimum formed road surface width of 3 metres.

- Provision shall be made adjacent to the water supply for a flat hardstand area (capable of supporting fire-fighting vehicles with a gross vehicle mass (GVM) of 21 tonnes) that is a distance equal to or less than 6 metres from the water supply outlet.

- SA CFS appliance inlet is rear mounted; therefore the outlet/water storage shall be positioned so that the SA CFS appliance can easily connect to it rear facing.

- A gravity fed water supply outlet may be remotely located from the tank to provide adequate access.

- All non-metal water supply pipes for bushfire fighting purposes (other than flexible connections and hoses for fire-fighting) shall be buried below ground to a minimum depth of 300mm with no non-metal parts above ground level.

- All water supply pipes for draughting purposes shall be capable of withstanding the required pressure for draughting.

- Ideally a remote water supply outlet should be gravity fed, where this is not possible the following dimensions shall be considered as the maximum capability in any hydraulic design for draughting purposes: The dedicated water supply outlet for draughting purposes shall not exceed 5 metre maximum vertical lift (calculated on the height of the hardstand surface to

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01 October 2019


the lowest point of the storage) and no greater than 6 metre horizontal distance. The suction outlet pipework from the tank shall be fitted with an inline non return valve of nominal internal diameter not less than that of the suction pipe and be located from the lowest point of extract from the tank. All fittings shall be installed to allow for easy maintenance.

5 Water Supply

- A minimum supply of 22,000 litres of water shall be available at all times for bushfire fighting purposes.

- The minimum requirement of 22,000 litres may be combined with domestic use, providing the outlet for domestic use is located above the 22,000 litres of dedicated fire water supply in order for it to remain as a dedicated supply.

- The bushfire fighting water supply shall be clearly identified and fitted with an outlet of at least 50mm diameter terminating with a compliant SA CFS fire service adapter, which shall be accessible to bushfire fighting vehicles at all times.

- The water storage facility (and any support structure) shall be constructed of non-combustible material.

- The dedicated fire-fighting water supply shall be pressurised by a pump that has -

i. A minimum inlet diameter of 38mm, AND ii. Is powered by a petrol or diesel engine with a power rating of at least 3.7kW (5hp), OR iii. A pumping system that operates independently of mains electricity and is capable of pressurising the water for fire-fighting purposes.

- The dedicated fire-fighting water supply pump shall be located at or adjacent to the dwelling to ensure occupants safety when operating the pump during a bushfire. An ‘Operations Instruction Procedure’ shall be located with the pump control panel.

- The fire-fighting pump and any flexible connections to the water supply shall be protected by a non-combustible cover that allows adequate air ventilation for efficient pump operation.

- All bushfire fighting water pipes and connections between the water storage facility and a pump shall be no smaller in diameter than the diameter of the pump inlet.

- All non-metal water supply pipes for bushfire fighting purposes (other than flexible connections and hoses for fire-fighting) shall be buried below ground to a minimum depth of 300mm with no non-metal parts above ground level.

- A fire-fighting hose (or hoses) shall be located so that all parts of the building are within reach of the nozzle end of the hose and if more than one hose is required they should be positioned to provide maximum coverage of the building and surrounds (i.e. at opposite ends of the dwelling).

- All fire-fighting hoses shall be capable of withstanding the pressures of the supplied water.

- All fire-fighting hoses shall be of reinforced construction manufactured in accordance with AS 2620 or AS 1221.

- All fire-fighting hoses shall have a minimum nominal internal diameter of 18mm and a maximum length of 36 metres.

- All fire-fighting hoses shall have an adjustable metal nozzle, or an adjustable PVC nozzle manufactured in accordance with AS 1221.

- All fire-fighting hoses shall be readily available at all times.

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01 October 2019


6 Vegetation

- A vegetation management zone (VMZ) shall be maintained within 20 metres of the dwelling (or to the property boundaries - whichever comes first) as follows: i. The number of trees and understorey plants existing and to be established

within the VMZ shall be reduced and maintained such that when considered overall a maximum coverage of 30% is attained, and so that the leaf area of shrubs is not continuous. Careful selection of the vegetation will permit the ‘clumping’ of shrubs where desirable, for diversity, and privacy and yet achieve the ‘overall maximum coverage of 30%’.

ii. Reduction of vegetation shall be in accordance with SA Native Vegetation Act 1991 and SA Native Vegetation Regulations 2017.

iii. Trees and shrubs shall not be planted closer to the building(s) than the distance equivalent to their mature height.

iv. Trees and shrubs must not overhang the roofline of the building, touch walls, windows or other elements of the building.

v. Shrubs must not be planted under trees or must be separated by at least 1.5 times their mature height from the trees’ lowest branches.

vi. Grasses within the zone shall be reduced to a maximum height of 10cm during the Fire Danger Season.

vii. No understorey vegetation shall be established within 1 metre of the dwelling (understorey is defined as plants and bushes up to 2 metres in height).

viii. Flammable objects such as plants, mulches and fences must not be located adjacent to vulnerable parts of the building such as windows, decks and eaves

ix. The VMZ shall be maintained to be free of accumulated dead vegetation.

Advisory Notes

1 Expiration Time of Approval

Pursuant to the provisions of Regulation 48 under the Development Act 1993, this Consent/Approval will lapse at the expiration of 12 months from the operative date of the Consent/Approval unless the relevant development has been lawfully commenced by substantial work on the site of the development within 12 months, in which case the Approval will lapse within 3 years from the operative date of the Approval subject to the proviso that if the development has been substantially or fully completed within those 3 years, the Approval will not lapse.

2 Boundaries

It is recommended that as the Applicant is undertaking work on or near the boundary, the Applicant should ensure that the boundaries are clearly defined by a Licensed Surveyor, prior to the commencement of any building work.

3 Building Consent

Development Approval will not be granted until a Building Rules Consent has been obtained. A separate application must be submitted for such consent. No building work or change of classification is permitted until the Development Approval has been obtained.

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01 October 2019


APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land Representor’s Land

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01 October 2019


APPENDIX 2


Summary of Policy Area Objectives and Principles

Primary Hills Face Zone Objectives:

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

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

western slopes of the ranges; and (e) Ensure that the community is not required to bear the cost of providing services to land within the zone.

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

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

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

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

Prevent the loss of life and property resulting from bushfires.

Subject:

DP Ref

Assessment:

Zoning and Land Use O 1–8 PDC 1

Satisfied.

The proposed dwelling replaces an existing dwelling damaged by fire and as such maintains the established residential use of the land;

The design of the proposed dwelling is characteristic of established dwellings in the locality which follow the topography of the land and are not significantly obtrusive as viewed from the Adelaide Plains.

Building Appearance PDC 2–4

Satisfied.

Design for Topography

PDC 5–6 Satisfied.

The proposed building is sited upon a suspended timber floor and as such the proposed development does not involve any incidental earthworks;

As such, the proposed dwelling has appropriate regard for the natural topography of the land.

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01 October 2019





Objective 52: A compact metropolitan area.





Objective 57: Medium and high density residential development in areas close to activity centres, public and community transport and public open spaces.

Objective 58: The revitalisation of residential areas to support the viability of community services and infrastructure.

Objective 59: Affordable housing, student housing and housing for aged persons provided in appropriate locations.

Objective 60: Increased affordable housing opportunities through land division and the conversion of buildings to a residential use.

Subject:

DP Ref

Assessment:

Zoning and Land Use O 52–60

Satisfied.

Building Set-backs PDC 161–163

Satisfied.

Building Height PDC 164

Satisfied.

Site Coverage

PDC 165 Satisfied.


Satisfied.


Satisfied.

Views to adjacent properties to the rear will be mitigated by distance;

The proposed south-facing deck is sited 13 metres away from the neighbouring property at 34 Old Norton Summit Road and a further 37 metres away from the dwelling at this property;

Council further notes the presence of dense native vegetation, boundary fencing structures and neighbouring outbuildings, all of which serve to obstruct views and mitigate overlooking potential.

Access and On-Site Car Parking

Satisfied.

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01 October 2019


PDC 177–182 Council’s Technical Officer Traffic has reviewed the proposed access

arrangement and driveway grades of which have been deemed safe and convenient;

The land is capable of accommodating sufficient off-street car parking in accordance with CW PDC 181.


Satisfied.

Domestic Outbuildings PDC 187–189

Satisfied.

The existing dwelling damaged by fire is to be converted into a storage shed as part of the proposed works;

Given the storage shed will occupy an existing building, this aspect of the development will not create any new visual impacts or increase land use intensity;

The proposed use of the shed for storage is not likely to cause significant nuisance to neighbours.


Satisfied.

Although the proposed concrete sleeper retaining walls are relatively substantial in size with a maximum height of 2.2m, they are typical of the area due to the unique natural topography of the Hills Face Zone.

The proposed retaining walls are not considered to result in issues of bulk and scale or visual amenity given that they are well setback from neighbouring properties and well setback and largely obscured by dense vegetation from the streetscape.

Safety and Security


Water Conservation PDC 200–201

Satisfied.

Energy Conservation PDC 31-32

Satisfied.

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01 October 2019


APPENDIX 3



Site Area 6638m2 N/A

Street Frontage N/A N/A


Site Coverage

- Buildings only 3% 40%

Building Height

- storeys Single storey 1 storey

- metres 8m 9m

Set-backs

Lower Level

- front boundary 22m 8m

- side boundary 12.95m (s) 42 (n)

2m

- rear boundary 83m 4m

Private Open Space

- percentage >50% 50%

- dimensions > 5m x 8m 5m x 8m




- width of garage/carport door N/A 33%

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01 October 2019




Applicant: Metro (SA Housing) Pty Ltd

Location: 12A Royal Avenue, Burnside

Proposal: Two storey dwelling and garage, retaining walls & cut/fill over 9 cubic metres

Zone/Policy Area: Residential Zone

Residential Policy Area 27


Kind of Assessment: Merit


Two (2) representations received

Appeal Opportunity Applicant only, no third party appeal rights

Referrals – Statutory: Nil

Referrals – Non Statutory: Technical Officer Engineer

Consultant Arborist



Recommending Officer: Nishanth Dasan

REPORT CONTENTS

Assessment report:










Photographs

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01 October 2019



The applicant seeks Development Plan Consent for the construction of a new two-storey dwelling with associated garage, earthworks exceeding nine cubic metres and retaining walls

within Residential Policy Area 27 - Southern Foothills (RPA 27) on the eastern side of Royal Avenue.

The proposed dwelling features five bedrooms with the master inclusive of an ensuite and walk in robe, open plan living areas, lounge, study, rumpus and double width garage. The building will be finished with rendered brick, a hipped roof form including overhanging eaves and Colorbond roof sheeting. Due to the approximate fall of 3.73 metres from the front of the site to the rear a series of retaining walls are proposed internally to the site varying in height to a maximum of 1.2 metres. Vehicle access will be obtained via a new driveway crossover at the southern boundary via a private road.

2. BACKGROUND

The only previous relevant application to this site relates to a subdivision dividing the land from one into four community allotments. This land division received Development Plan Consent on the 03/04/2012 with a Land Management Agreement being placed over the site between the land owners and Council. The current proposal, Development Application 180\0003\19 was lodged on 07 January 2019 by Metro (SA Housing) on behalf of, the registered owner of the land.

The proposal was determined to be a merit form of development pursuant to Section 35(5) of the Development Act 1993 (the Act). For the purposes of public notification, the application was

determined to be a Category 2 development in accordance with the Burnside (City) Development Plan, Residential Policy Area 27, Principle of Development Control 9. The application was made available for public inspection between 23 July 2019 and 06 August 2019, during which time Council received written submissions from two (2) external parties who identified concerns relating to overlooking and impacts to trees on site. Both representors expressed a desired to appear in person before the Council Assessment Panel (the Panel) in support of their submission. A copy of the submissions was forwarded to the applicant for consideration and response. The applicant provided a response to the representations which included additional information in the form of a line of sight diagram and confirmation that no trees that are protected will be removed. During the assessment Council planning staff undertook an internal referral to Council’s Arborist for advice regarding the trees protected on site by a Land Management Agreement and any other trees considered regulated or significant.

Pursuant to Council’s Delegation Policy, the application is now presented to the Development Assessment Panel (the Panel) for consideration as a Category 2 development with two (2) representors wishing to be heard and a staff recommendation for approval, subject to conditions.

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3.1. Subject Land

The subject land is an irregular shaped allotment located on a private road branching to the eastern side of Royal Avenue. The subject land is contained within Residential Policy Area 27 – Southern Foothills and has a site area of approximately 834 square metres. The site has an approximate fall of 3.73 metres from the front (southern side) of the site to the rear (northern side). The site is currently vacant of buildings and gains access via a private road branching off Royal Avenue. The sight has a fall of approximately of 3.73 metres into the creek line to the north side of the site or rear of the property. A modest extent of vegetation can be observed across the site, with one significant tree located within the creek and one regulated tree to the rear of the site. These two protected trees along with one other tree are also protected by a separate Land Management Agreement (LMA).

3.2. Locality

The locality includes properties on either side of Royal Avenue up to Royal Avenue Drainage Reserve and Queens Avenue, as well as properties along both Queens Avenue up to and inclusive of the properties on Windsor Avenue. The locality contains a diverse mix of dwellings of a variety of architectural styles. Many of the new contemporary dwellings within the locality include hipped roof forms and large vertical walls. The locality is wholly contained within Residential Policy Area 27 of the Burnside Development Plan and is comprised largely of double storey detached dwelling or split level dwellings. The locality is characterised by a variety of architectural styles but comprising deep building setbacks and well-landscaped front gardens. The locality is of a sloping and well vegetated nature with the area having an array of large scale dwellings and retaining walls to support level building platforms.


Kind: Merit

Reason: Development Act 1993, Section 35(5)

Applicant Appeal Opportunity: Yes



Reason: Residential Policy Area 27 Principle of Development Control 9 (a)

Cut / Fill: Although a degree of fill is to be introduced to the site it is common and appropriate for the sloping topography and incidental to the construction of the dwelling.

Representations Received: Anna Ranaldo & Konrad Neidzwieds – 9 Windsor Avenue, Burnside (wish to be heard)

Gavin & Lisa Jarman – 14 Royal Avenue, Burnside (wish to be heard)

Third Party Appeal Opportunity: No


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6. AGENCY REFERRALS



7.1. Land Use


The proposal seeks to construct a two storey dwelling on an existing residential allotment within the Residential Zone;

The form and appearance of the proposed dwelling is compatible with the general form and appearance of existing residential development within the locality;

The development has been designed and sited so that the appearance of the foothills visible from the Adelaide Plains is not impaired; and

The proposed development is not identified as a non-complying kind of development in the Burnside (City) Development Plan.



Residential Policy Area 27 seeks to enhance the low density, open residential and foothills character that is derived primarily from split-level or multi-storeyed dwellings in a variety of architectural styles, with deep building set-backs from roads, well-vegetated and generally unfenced front gardens. The proposed development generally aligns with both the prescribed and established character by virtue of its nature, form, scale, siting. The development will be located on an existing vacant allotment for which the new dwelling is considered of suitable design standard and consistent with the desired density and scale of development envisaged by the Development Plan. The locality has a wide variety of architectural styles with the proposed dwellings front façade having common feature of the streetscape, particularly in more recent developments. The hipped roof also assists with the visual integration with neighbouring dwellings. The development utilises a split level floorplan to follow the natural fall in topography to the rear of the site and minimise the overall extent of earthworks required to provide a stable and functioning development site. The proposed finished floor levels to the front portion of the dwelling preserve the established stepping of dwelling sites evident with the neighbouring property to the west. The locality has an inherent degree of overlooking however the dwelling design has been moulded to minimise overlooking concerns from the dwellings living areas. Following public consultation the applicant provided line of sight diagrams to address concerns of direct overlooking from the forward facing balcony. The applicant has also stated that the trees to the rear of the sight will be maintained to create a vegetation screen to the rear neighbouring property.

Due to the irregular shape of the site the building has been positioned on the land to reduce the level of fill/cut required to obtain a level building platform. Therefore the upper level is located off both side boundaries with varying set-backs from 3.02 metres to the western boundary and from 8.3 metres to 13.3 metres to the eastern boundary.

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01 October 2019


The discrepancy in western side set-backs is considered appropriate in the context of the established built form character of the locality and will not significantly impact the neighbouring property in regards to overshadowing due to the orientation of the site. Despite a minor departure form building height guidelines of approximately 200mm, the proposed building will include vertical wall heights that are comparable with other dwelling within the locality in relation the bulk and scale of the dwelling. The increase setback to the upper level will reduce concerns of visual massing for the dwelling.


The proposed development is sufficiently in accordance with the relevant quantitative guidelines of the Development Plan and is not considered to be overdevelopment of the site. The dwelling meets both the site coverage and total floor area requirements. The proposed building is considered to be of a consistent bulk and scale to the neighbouring properties within the locality and will have a minimal impact to the adjoining properties in terms of overlooking and overshadowing. Along with meeting the required site coverage and total floor area requirements the land also retains a private open rear yard that complies with the desired floor area ratio and conforms to the various qualitative standards.

Vehicular access is to be provided via a new crossover sited in the south-western corner of the subject land via access from a private road. The dwelling features five bedrooms, rumpus and a study, while not intended to be used as a bedroom, could reasonably be used as two additional bedrooms. Given that the proposal includes as many as two undercover off-street parking spaces and space within the driveway for two more parks the development retains adequate space for car parking in accordance with Table Bur/5 of the Development Plan.


The proposed development involves the construction of a new dwelling which is two or more storeys in height, therefore requiring Category 2 public consultation pursuant to Residential Policy Area 27 Principle of Development Control 10, which states:

“The following kinds of development are assigned to Category 1: Dwelling, except where:

(c) the dwelling or outbuilding is two or more storeys in height (where “two storeys” is defined as a total of one habitable floor level directly above another, not including an understorey garage), or more than 6.5 metres building height above natural ground level;

in which case the development is assigned to Category 2.”

(my underlining)

The proposal was made available for public inspection between 23 July 2019 and 06 August 2019, during which time Council received two (2) written submissions from the owners/occupiers of properties at 14 Royal Avenue to the west of the subject land on the other side of the private access road and 9 Windsor Avenue to the northern rear of the subject land.

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01 October 2019


Neighbours to the west at 14 Royal Avenue raised concerns in relation to the potential for overlooking of their rear private open space area from the front facing upper level windows and balcony of the proposed development. Elimination of the front balcony and incorporation of screening to the front windows was sought as a solution. The applicant has considered these concerns and determined not to amend the proposed design to eliminate the balcony or provide screening devices to the upper level front facing windows, instead offering additional information in the form of sight line diagrams which the applicant feels demonstrates that no unreasonable overlooking is likely to occur. Ultimately if the Panel considers some form of screening necessary in this instance then this can form the basis of supplementary conditions or reserved matters to be added to any consent that may be granted, however based on the information provided by the applicant, the nature and extent of anticipated views of neighbouring properties and the desire to maintain casual surveillance over the street it is considered that additional screening measures are not warranted given that:

The balcony adjoins a bedroom and study and not primary entertaining areas;

Sensitive use areas on the neighbouring property at 14 Royal Avenue are located approximately 15+ metres from the balcony;

The partially sunken siting of the subject land combined with the raised siting of the neighbouring property reduce the angle of overlooking such that much of the anticipated views are obstructed by existing fencing structures as the sight line diagrams suggest; and

The foothills locality is characterised in part by multi-storey dwellings on stepped or sloping land whereby some degree of overlooking of neighbouring properties is to be expected.

The second representor to the north at 9 Windsor Avenue sought clarification as to which trees on the land are proposed to be retained and whether any trees on the land are of regulated status. In the view of the representors at 9 Windsor Road the existing trees provide a natural screen between the respective properties and therefore their protection is warranted. The applicant has considered these concerns and, in consultation with Council’s arborist, modified the design and siting of the development to retain and protect all protected trees on the land (whether by virtue of regulated status or inclusion within the LMA registered against the title), thus preserving the natural screen between the two adjoining properties.

Full copies of representations and the applicant’s response to representations are included as attachments. Council is satisfied that the planning matters raised through the public notification process are sufficiently addressed through the overall design of the development, insofar as they are to be determined under the Development Act 1993. All

civil matters should be addressed through processes that are separate to this assessment.


The application has been reviewed by Treevolution, an arboricultural firm contracted by the Council, to determine the nature and extent of any impact on existing regulated trees or those trees protected under separate LMA. Despite initial objections to the development on arboricultural grounds, subsequent amendments to the design and siting of the dwelling have overcome these concerns and received support from the consultant arborist.

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To ensure the trees in question are protected during the course of development appropriate planning conditions have been incorporated within the recommendations to protect and retain all the relevant trees.

The application was also referred to Council’s Technical Officer Engineering for comment regarding stormwater. No concerns were raised through this process and standard advisory notes will be incorporated into the decision documentation should the Panel see fit to approve the development.

7.6. Conclusion


8. RECOMMENDATIONS



2. Development Application 180\0003\19, by Metro (Sa Housing) Pty Ltd Po Box 2343 KENT TOWN SA 5071, is granted Development Plan Consent subject to the following

conditions:

Conditions

1 The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason:


2 All side and rear upper level windows as depicted on the stamped and approved plans granted Development Plan Consent shall be fitted with fixed and obscured glazing to a minimum height of 1.6m above the finished floor level. The fixed and obscured glazing shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times. Reason:

To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties.

3 The three existing (2x Eucalyptus microcarpa & Eucalyptus camaldulensis) trees located

on the subject land and indicated as being retained on the stamped and approved plans shall be retained and maintained in good condition at all times to the reasonable satisfaction of Council.

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To further ensure the health of the trees are protected during the course of construction the following measures shall be strictly adhered to at all times:

A temporary protective fence shall be erected around the nominated TPZ as far as it may be practical to do so;

There shall be no storage of soil, materials or equipment within the TPZ; and

All contractors shall be briefed regarding the purpose of the TPZ and activities prohibited within the TPZ.

Reason: To ensure that no adverse impacts result to the significant tree.

Advisory Notes

1 Expiration Time of Approval Pursuant to the provisions of Regulation 48 under the Development Act 1993, this Consent/Approval will lapse at the expiration of 12 months from the operative date of the Consent/Approval unless the relevant development has been lawfully commenced by substantial work on the site of the development within 12 months, in which case the Approval will lapse within 3 years from the operative date of the Approval subject to the proviso that if the development has been substantially or fully completed within those 3 years, the Approval will not lapse.

2 Boundaries


3 Fences Act 1975

The Applicant is reminded of the requirements of the Fences Act 1975. Should the proposed works require the removal, alteration or repair of an existing boundary fence, a 'Notice of Intention' must be served to adjoining owners. Please contact the Legal Services Commission for further advice on 1300 366 424 or visit www.lsc.sa.gov.au

4 Land Management Agreement The subject land has a Land Management Agreement registered on the Certificate of Title. The person with benefit of this consent should be aware of all the obligations/limitations contained within that document.

5 Engineering Requirements



The volume of any detention device shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 75% and pervious (Cp = 0.1) area of 25%, during a 1 in 20 year flood event for a 10 minute duration.


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


01 October 2019






The stormwater pipe across the road verge should terminate at an approved galvanised steel kerb adaptor.

If the cover to the stormwater pipe across the Council verge is less than 65mm, steel pipe housing is to be used as per Council’s standards.




Excess stormwater runoff from the roof catchment shall be discharged to the street water table through a sealed system to the satisfaction of the Council.

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land


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APPENDIX 2



Primary Residential Policy Area 27 Objectives:

Objective 1:

Enhancement of the low density, open residential and foothills character that is derived from:

(a) the topographic and other natural features of the foothills location, and dwellings in a variety of architectural styles (typically, detached dwellings, medium-to-large in scale, with split-level or multi-storeyed construction); (b) many dwellings on elevated land and orientated to take advantage of views across the Adelaide Plains; (c) moderate to deep building set-backs from roads, well-vegetated and generally unfenced front gardens; (d) proximity to the natural character of the adjoining Hills Face Zone; (e) a pattern of development, including the division of land, that varies considerably with the topography (the Policy Area contains some of the steepest land in the Council area), commonly imposing significant constraints on efficient development, access and servicing (to the extent that on some steep sites, a carport may need to be located between a dwelling and the road, subject to siting and design to minimise visual impact); and (f) a transition in character and dwelling density between steep land near the Hills Face Zone, where allotments are large and irregularly-shaped, and lower slopes, where there are more regular, compact patterns of land division and generally consistent building set-backs and orientation towards roads.

Acknowledged, significant variations from the desired character, or the prevailing character or environmental conditions, forming, nevertheless, part of the character that is to be enhanced, are found:

(a) on land which, due to its elevation, gradient and aspect, is visible from the Adelaide Plains or main public vantage points in the foothills; (b) on land adjacent to the Hills Face Zone, or other open land where there may be significant risk of bushfire; (c) on sites containing or affected by historic mining works; (d) on filled land, such as the former Dashwood Road Dump at Beaumont; (e) on land containing remnant indigenous vegetation; (f) on steep land with limited development and access opportunities, in particular, land fronting the section of Sunnyside Road between Gill Terrace and Wheal Gawler Street, on the eastern side of Wheal Gawler Street; and (g) in the “Burnside Park Estate” (centred on Ifould Drive and Burnalta Crescent), where specific encumbrance provisions apply.

Objective 2: Development designed and sited so that the appearance of the foothills visible from the Adelaide Plains is not impaired.

Subject: DP Ref

Assessment:

Desired Land Use O 1-2

Satisfied

The allotments within the Royal Avenue land division were created for the intended purpose of residential land use.

The proposed development is sited so that it is not visible from the Adelaide Plains

Local Compatibility PDC 1- 2

Satisfied.

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The objectives for the policy area are seeking a wide variety of architectural styles. Therefore the proposed development is an appropriate outcome for the streetscape.

The dwelling is of an appropriate bulk and scale being compatible with the other dwellings within the locality.

Site Areas and Frontages PDC 3–5

Satisfied

Site Coverage PDC 6

Satisfied

Building Set-backs

PDC 7 The proposed development is located off a private road

therefore having no impact to the existing streetscape of Royal Avenue. Due to the limitations on site (topography, protected trees & creek) there is limited scope to move the dwelling back to meet the relevant guideline.

Access PDC 8

N/A

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Summary of Residential Zone Objectives and Principles

Primary Residential Zone Objectives:

Objective 1: A zone primarily for residential use with a range of dwelling types in appropriate policy areas to accommodate varied socio-economic needs.

Objective 2: Protection and enhancement of the amenity of residential areas, with particular reference to the objectives for the relevant policy area.

Objective 3: Residential densities varied having regard to topography, the objectives for the relevant policy area, and proximity to centres and major transport routes.

Objective 4: Provision of residential and community facilities and services for the aged community.

Objective 5: Enhancement of the attractive qualities of streetscapes and particularly areas of cohesive character or visual sensitivity, through good design.

Subject:

DP Ref

Assessment:


Satisfied


Satisfied

The proposed dwelling is an appropriate outcome for the locality being of a similar bulk and scale to other dwellings located within the immediate locality. There is no common architectural style within the locality and therefore the proposed contemporary dwelling is an appropriate outcome.

The dwelling will utilise materials and finishes which are also common within the immediate locality and of a similar standard to the abutting properties.

The dwelling lacks articulation to the side elevations however due to the topography the building has been built over multiple levels reducing the dominance of large vertical walls. The dwelling has also included both vertical and horizontal windows to improve the articulation.

Design for Topography PDC 5–6

Satisfied

The land has a fall of approximately 3.73 metres to the rear of the site and therefore it unavoidable to have no cut or fill on the land. The applicant has attempted to address the sloping topography by using both a split level design and by attempting to build the dwelling on the flattest portion of land.

Hills Face Zone Buffer PDC 10

Satisfied

The purposes of the Hills Face Zone buffer is to design development which is sympathetic to, and not detract from the natural character of the Hills Face Zone. The proposed dwelling is both not visible from the Adelaide Plains and will utilise both non-reflective materials and minute colours.

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Subject: DP Ref

Assessment:

Zoning and Land Use

O 52–56 Satisfied

Design and Appearance O 11 PDC 14–18, 23-28

Satisfied

Building Set-backs PDC 161–163

Side Set-backs Ground floor Satisfied Upper Level

Only the western side setback of the development fails to satisfy the side boundary set-backs. Given the fact the neighbouring dwelling only has one habitable window to this elevation and the orientation of the site there will be limited impacts to the neighbouring property.

Rear Set-backs Satisfied

Building Height PDC 164

Variance

The proposed development will have a total building height under 9 metre for majority of the dwelling however there is one section of the building at 9.2 metres. An excess of 0.2 metres is not considered to negatively impact the established character of buildings within Royal Avenue.

Total Floor Area PDC 164

Satisfied

Private Open Space

PDC 166, 169 Satisfied

Amenity O11, 20–22 PDC 14–18, 52-69, 170-173

Satisfied.

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01 October 2019


The proposed dwelling is appropriately sited on the allotment conforming to the sloping topography of the site.

The locality is not expected to be compromised by the appearance of the development due to it meeting majority of the quantitative and qualitative Development Plan guidelines.


Satisfied.

The side and rear elevation windows associated with the proposed upper level are obscured to a height of 1.8 metres to reduce concerns of overlooking to the neighbouring property. All other associated upper level windows are considered high level and will not impede on the privacy of the neighbouring properties.

The front facing balcony adjoins a bedroom and study and not a primary entertaining areas or a highly utilised area.

The private open space on the neighbouring property at 14 Royal Avenue is located at a distance of approximately 15 metres from the proposed balcony. Therefore the separation between the balcony and private open space will reduced concerns of direct overlooking.


PDC 177–182

Satisfied.

The development provides for sufficient off-street car parking in accordance with Table Bur/5.

The proposed development is located off a private road and therefore Council’s Technical officer had no comment on the proposed crossover location.


Satisfied

Overshadowing is an expected and inherent feature of this locality. Whilst no shadow diagrams were submitted, the orientation of the land and adjoining land will limit the levels of overshadowing as a result of the proposed development.

Fences and Retaining Walls

PDC 190–194 Satisfied

The proposed retaining walls have been constructed to allow for a level building platform to be provided on site and are mainly internal to the site.

The proposed retaining walls on site are to a maximum height of 1.2 metres which is considered appropriate and reasonable for the sloping topography and within the locality.

Trees and Other Vegetation O 24-28 PDC 77-92

Satisfied

The proposed development has been reviewed by an independent arborist to determine if the protected trees on site will be impacted. It was determined that two of the protected trees on site will have a encroachment of less than 10% within their tree protection zone however one large tree within the creek will have a encroachment of 15.1%. Although exceeding the 10% guideline the independent arborist was satisfied that the proposed development will not severely impact this significant tree.

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APPENDIX 3



Site Area 834m2 (existing) 750m2

Street Frontage 21.7m (existing) 20m


Site Coverage

- Buildings only 23.3% 33%

- Buildings and driveways 34.2% 50%

- Total floor area 41.9% 50%

Building Height

- storeys 2 storeys 2 storeys

- metres 9.2m 9m

Set-backs

Lower Level

- front boundary 5.6m 8m

- side boundary 2m-3.02m (w), 3.45m-13.97(e)

2m

- rear boundary 16.2m 4m

Upper Level


- side boundary 3.02m(w) 8.9m-13.9(e)

4m

- rear boundary 16.2m 8m

Boundary Wall

- length N/A 8m

- height N/A 3m

Private Open Space

- percentage >50% 50%

- dimensions 15.97m x 30m 5m x 8m




- width of garage/carport door 26% 33%

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01 October 2019




Applicant: Ekaton Corporation Pty Ltd

Location: 155-177 Glen Osmond Road, Frewville and 226 Fullarton Road, Glenside

Proposal: Construction of and change of use to a bitumen car park on a vacant lot at 226 Fullarton Road Glenside comprising 97 car parking spaces, two access ramps, 10 light poles, chain mesh fencing and associated signage and landscaping to service the existing Frewville Shopping Centre at 155-177 Glen Osmond Road Frewville

Zone/Policy Area: Neighbourhood Centre Zone

Urban Corridor Zone (Transit Living Glenside)






Referrals – Statutory: N/A





REPORT CONTENTS

Assessment report:









Photographs

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01 October 2019



The Applicant seeks Development Plan Consent for the following:

Construct and change the use of land at 226 Fullarton Road to a bitumen car park comprising 97 car parking spaces covering an area of approximately 2680 square metres;

Two access ramps (one vehicle ramp and one pedestrian ramp) with sole access via the northern end of the existing car park at 155-177 Glen Osmond Road;

Ten (x10) light poles measuring 8m in height;

Chain mesh fencing measuring 1.8m in height;

Associated directional signage (one fixed to the western external elevation of the Foodland building and three freestanding signs); and

Associated landscaping.

2. BACKGROUND

Development Application 180\0503\19 was lodged on 22 May 2019 by Ekaton Corporation Pty Ltd, being the registered owner of the land at 155-177 Glen Osmond Road Frewville. The subject land encompasses both 155-177 Glen Osmond Road Frewville, being the land containing the Foodland Frewville Shopping Centre, and the land at 226 Fullarton Road Glenside comprising the Cedar Woods development site, and the land at which the proposed bitumen car park is to be located. The application is motivated by the widening of the Glen Osmond Road/Fullarton Road intersection, which will in turn result in the loss of a number of existing car parking spaces adjacent the Glen Osmond Road frontage. As such, a leasing agreement between Foodland Frewville and Cedar Woods has been secured for the provision of additional car parking on the Cedar Woods site. The proposed development was deemed to be a merit form of development pursuant to Section 35(5) of the Development Act 1993 (the Act) and was determined Category 2 for the purposes

of public notification pursuant to the Urban Corridor Zone, Principle of Development Control 28. During the public notification period, one submission was received from an adjoining property at 183 Glen Osmond Road Frewville. An assessment of the proposed development has now been undertaken, and the application is presented to the Council Assessment Panel (the Panel) for consideration as a merit development with one unresolved representation and a staff recommendation that consent be granted.


3.1. Subject Land

The subject land where the proposed car park is to be sited is located within the Urban Corridor Zone, as part of the Transit Living Glenside policy area, and legally described as Allotment 1001 DP 120710 in the Area named Frewville and Glenside, Hundred of Adelaide Certificate of Title Volume 6222 Folio 965. The land forms part of the Cedar Woods development site located north of the existing Foodland Frewville Shopping Centre. The land is currently vacant.

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01 October 2019


3.2. Locality

The locality comprises the land at 155-177 Glen Osmond Road Frewville, comprising the Foodland Shopping Centre, the land at 226 Fullarton Road Glenside, comprising the Cedar Woods development site, comprising medium density development surrounding the Glenside Hospital site and the SA Film Corporation site. To the west of Fullarton Road, land comprises commercial uses fronting the road and to the south and south-west, there are commercial uses comprises shops, restaurants and pubs, including the Parkside Hotel and the Arkaba Hotel and shopping centre, offices and other non-residential land uses.


Kind: Merit





Reason: Urban Corridor Zone, Principle of Development Control 28

Representations Received: Dorchester Pty Ltd c/o Access Planning – 183 Glen Osmond Road Frewville (wish to be heard)

Cedar Woods – 220 Fullarton Road Glenside (do not wish to be heard)




6. AGENCY REFERRALS



7.1. Land Use


The land to which the proposed development is to be located is currently vacant and sited within the Urban Corridor Zone, which envisages mixed-use development and compatible non-residential and medium and high density residential land uses.

The proposed development is for an integrated with the neighbouring established Foodland Frewville Shopping Centre on a vacant land parcel within the Cedar Woods site.

The proposed car park is ancillary to, and proposed to service the existing shopping centre, which is an established and envisaged land use in both the Urban Corridor Zone and the Neighbourhood Centre Zone.


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01 October 2019



The Urban Corridor Zone, being the zone relevant to the subject land, typically envisages a mixed-use zone accommodating a range of compatible non-residential and medium and high density residential land uses orientated towards a high frequency public transport corridor. Similarly, the Neighbourhood Centre Zone, to which the Foodland Frewville Shopping Centre is located, seeks a zone accommodating a range of shops, restaurants, offices, consulting rooms and commercial and community facilities. It is considered that the long-established land use comprising shops and associated car parking at 155-177 Glen Osmond Road Frewville contributes to the lively character of this locality, and its proximity to the Cedar Woods site at 226 Fullarton Road Glenside (the subject land) is a key driver in the success of the Transit Living (Glenside) Policy Area, having higher density living surrounding these shopping conveniences. The proposed car park is an ancillary use to that of the existing shopping centre, and a development to facilitate the anticipated loss of car parking and ongoing demand for the patronage of the centre. Whilst the use of the land as a car park is not expressly mentioned anywhere in the Development Plan, it is ancillary to the shopping centre land use at 155-177 Glen Osmond Road, and a development that has the support of the land owner of the subject land, despite different zoning, however notwithstanding the Urban Corridor Zone envisages mixed-use development inclusive of shopping and retailing centres. The car park is well set back from Fullarton Road so as to not be of dominant view from the public realm. The proposed car park has consciously considered amenity impacts to that of the adjacent newly constructed residential development on the Cedar Woods site. It is noted that car parking facilities such as this are not uncommon at the interface of a residential area, and it is not anticipated to result in unreasonable amenity impacts to the nearby residences. The facility will be completely fenced with 1.8m high chain mesh fencing in order to maintain a level of security between the shopping centre and the residential development. Landscaping is indicated to the southern and eastern edges of the proposed new carpark, however it is conditioned that this landscaping continue to the northern perimeter for increased visual amenity when viewed from the residential development site. Other interface considerations include light spill and hours of use. Atmosphere Design on the behalf of the applicant have provided details regarding light spill and demonstrate that the design adheres to Australian Standard 4282:2019 Control of the obtrusive effects of outdoor lighting. The documentation demonstrates no impacts in excess of 10 lux at the theoretical boundaries of the residential areas to the north of the proposed development site. It is also included as a condition of consent that the use of lighting is ceased at 11:00pm, so as to maintain reasonable residential amenity. The proposed signage includes simple, clear designs as a directive to motorists as to the changed traffic flow within the car park and access to the new car parking area. The signage avoids proliferation and is not illuminated in any way. The largest sign is to be fixed to the western external elevation of the Foodland building, with the three freestanding signs in their respective locations as shown on the site plan.

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01 October 2019



Due to the anticipated road widening at the intersection of Fullarton Road and Glen Osmond Road, the Foodland Frewville Shopping Centre is expected to lose a number of car parking spaces at the perimeter of the site. In order to address the issue, the proposed ancillary car park seeks to accommodate an additional 97 car parking spaces. The layout however, will result in the loss of 15 spaces within the existing car park, located toward the north-western end of the car park, as such resulting in a net increase of 82 car parking spaces. A traffic statement prepared by GTA Consultants confirms that the car park has been designed so as to conform to Australian Standard 2890.1:2004 Off-street car parking designed for User Class 3A. The statement also confirms that traffic movement within the site and between the existing and proposed car park is designed so as to be safe, convenient and efficient. It is again noted that there are no changes to the existing access points via the arterial roads and the additional car park does not change the nature of movement through these access points. As such, the proposed work is envisaged to improve the overall circulation and movement of vehicles within the site. In terms of car parking numbers, it is noted that there is no increase in existing retail floor spaces, and therefore there is no increased theoretical demand in car parking space numbers. The car park therefore will provide for a surplus, and in anticipation for the loss of some outer perimeter car parking spaces, and is also seen to address the ever growing demand of the shopping centre.


During the public notification period, one submission was received from the adjoining property at 183 Glen Osmond Road Frewville. The matters raised in the submission are summarised as follows:

Do not oppose the proposed development in principle; and

Purpose of the submission is to bring to Council’s attention two concerns, being to provide a permanent solution to the existing unsatisfactory delivery arrangements and the temporary nature of the proposed car park.

The applicant provided a written response to the concerns raised by the representor, addressing the concerns raised insofar as stating the following:

It should be noted that the existing loading dock arrangements are not relevant to this application;

Notwithstanding, the representor has since been made aware of a separate approval (DA 180\0200\18) which rectifies the concern raised in regards to the delivery arrangements, which effectively relates to an upgrade and expansion to the existing loading dock, and works are expected to commence in the near future; and

The applicant notes the representor’s preference for the car park on the Cedar Woods site to become a permanent fixture.

A representation was also submitted by Cedar Woods, being the owner of the land of the site of the development, simply confirming their support of the proposed development. Given the matters raised by the representor in regards to deliveries and the loading dock arrangements are addressed through a separate approval and are not directly relevant to the subject application, Council is satisfied that the planning matters raised through the public notification process have been sufficiently addressed.

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01 October 2019



As part of the assessment process, an internal referral to Council’s Technical Officer Engineering was undertaken, to review the traffic statement prepared by GTA Consultants, and the stormwater management plan prepared by Combe Pearson Reynolds Consulting Engineers. It was confirmed that these reports were both accepted and supported.

As the proposed development does not involve the creation of any new access points to the arterial road, and is not considered to alter the movement of traffic at these existing access points, the application did not require referral to the Department of Planning Transport and Infrastructure. There is an existing stone wall at the boundary between 226 Fullarton Road Glenside and 155-177 Glen Osmond Road Frewville, of which is a listed State Heritage Place. It is noted that the openings in the heritage wall were considered under a previous application, and these openings are being utilised to facilitate access via the proposed development. As such, a formal referral under Schedule 8 was not considered required. Informal consultation with Heritage South Australia has nonetheless been undertaken, and it was confirmed that the new car park and associated signage has no adverse impact on the heritage values of the rebuilt stone wall. It was also noted by the Department that Heritage South Australia previously provided a response to SCAP relating to Development Application 180\V004\16 for the rebuilding of the collapsed wall in May 2014, of which was later revised to include the new openings to the wall, which was supported in June 2017.

7.6. Conclusion


8. RECOMMENDATIONS



2. Development Application 180\0503\19, by Ekaton Corporation Pty Ltd is granted

Development Plan Consent subject to the following conditions and reserved matters:

Conditions

1

The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason:


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01 October 2019


2

3

4

5

The car park lighting hereby approved shall not be operated outside of the following hours: Before 8:00am or after 11:00pm, 7 days per week. Reason: To ensure the amenity of the neighbouring properties is not adversely affected by the proposal.

The landscaping detailed on the stamped and approved plans granted Development Plan Consent shall be undertaken within three (3) months of the substantial completion of development and in any event prior to the use of the development. The landscaping as detailed on the stamped and approved plans granted Development Plan Consent shall be established to the perimeter of the bitumen carpark, inside the proposed chain wire fence, so as to increase visual amenity. Such landscaping shall be maintained in good health and condition to the satisfaction of the Council at all times and any dead or diseased plants or trees shall be immediately replaced to the reasonable satisfaction of the Council. Reason:

To provide amenity for the occupants of buildings and those of adjacent buildings through the provision of landscaping as part of the development.

The car park and maneuvering areas shall be constructed to conform to Australian Standards and in accordance with the GTA Consultants statement that forms part of the stamped and approved plans and documents granted Development Plan Consent, and be maintained in accordance with Council standards. Reason:

To ensure the proposed development meets the requirements of the relevant Australian Standards and Council requirements.

The management, detention and disposal of stormwater from the proposed development shall be in accordance with the specifications and details within the Stormwater Management Plan prepared by Combe Pearson Reynolds Consulting Engineers that forms part of the stamped and approved plans and documents granted Development Plan Consent, and be maintained in accordance with Council standards. Reason:

To ensure adequate provision is made for the management of stormwater.

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land


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APPENDIX 2



Primary Transit Living (Glenside) Policy Area Objectives:

Objective 1: A medium to high density residential area supported by local shops, offices and community land uses.

Objective 2: A highly varied built streetscape allowing multiple built form design responses that support innovative housing and mixed use development sited around usable public open space.

Objective 3: Development that contributes to the desired character of the policy area and is undertaken in accordance with Concept Plan Fig UrC (TL(G))/1.

Subject:

DP Ref

Assessment:

Desired Land Use O 1-3 PDC 1

Satisfied.

The policy area envisages land uses comprises shops, where an ancillary feature is car parking facilities.

Form and Character PDC 2-6

Variance.

The Concept Plan Fig UrC (TL(G)/1) envisages the subject land parcel to accommodate residential development of up to two-storeys. It is noted that this development is viable only on the basis of agreement with Cedar Woods and as such will only be in place for the time period entered into by Cedar Woods.

Strategic Development Sites PDC 7

N/A

Vehicle Access PDC 8-10

Satisfied.

The development does not impact on the existing arterial road network as it does not propose any new access points or any modifications to existing access points.

The car park is solely accessed from the existing internal car park.

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01 October 2019


Summary of Urban Corridor Zone Objectives and Principles

Primary Urban Corridor Zone Objectives:

Objective 1: A mixed use zone accommodating a range of compatible non-residential and medium and high density residential land uses orientated towards a high frequency public transport corridor.

Objective 2: Integrated, mixed use, medium and high rise buildings with ground floor uses that create active and vibrant streets with residential and commercial development above.

Objective 3: A mix of land uses that enable people to work, shop and access a range of services close to home.

Objective 4: Adaptable and flexible building designs that can accommodate changes in land use and respond to changing economic and social conditions.

Objective 5: A built form that provides a transition down in scale and intensity at the zone boundary to maintain the amenity of residential properties located within adjoining zones.

Objective 6: A safe, comfortable and appealing street environment for pedestrians that is sheltered from weather extremes, is of a pedestrian scale and optimises views or any outlook onto spaces of interest.

Objective 7: Noise and air quality impacts mitigated through appropriate building design and orientation.

Objective 8: Development that contributes to the desired character of the zone.

Subject:

DP Ref

Assessment:

Zoning and Land Use O 1–8 PDC 1-2

Satisfied.

Form and Character PDC 3-5

Satisfied.

The location of the proposed car park is set back some 35m from Fullarton Road, and primarily at the rear of the existing shopping centre building when viewed from Glen Osmond Road. As such the location of the proposed car park is not highly visible from public land along the primary road frontages as per UrC PDC 5.

Design and Appearance PDC 6-11

Satisfied.

The height of the proposed fencing is of a human scale and domestic height of 1.8m.

The height of the proposed light poles (8m) are relative to the scale of two-storey buildings that are evident and envisaged within the area.

Building Envelope PDC 12-17

N/A

Open Space

PDC 18-23 N/A

Vehicle Parking PDC 24

N/A

Land Division PDC 25

N/A

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01 October 2019



Primary Council Wide Objectives:

Objective 1: Satisfaction of the social, cultural, economic, environmental and health needs of the community.

Objective 20: The amenity of localities not impaired by the appearance of land, buildings and objects, or by noise, light, emissions, traffic or any other quality, condition or factor.

Objective 23: The preservation, conservation and enhancement of State and local heritage places identified in Tables Bur/2 and 3 respectively, buildings or sites of scientific or cultural heritage value, and areas valued for their built or environmental character.

Objective 28: Development sited and undertaken to retain and protect a significant tree or group of significant trees.

Objective 35: Adequate parking for vehicles.

Objective 74: Local centres and corridor zones to include shopping and local facilities and services to serve the day-to-day needs of the local community.

Subject:

DP Ref

Assessment:

General

O 1-10 Satisfied.

The development ensures the ongoing economic viability of local business and facilities the needs of the community.

Amenity O 20-22 PDC 51-68

Satisfied.

The proposed car park is sited well away from arterial roads and the public realm so as to not be prominently visible from Glen Osmond Road or Fullarton Road.

The development is proposed to be landscaped so as to improve visual amenity.

The light spill from the proposed lighting is demonstrated to be within tolerable limits and as such is not considered to be an unreasonable impact to nearby residences.

The level of noise associated with a car park is reasonable and expected in the context of the land use and envisaged mixed-uses.

Heritage Conservation O 23 PDC 69-75

Satisfied.

There is no new work proposed that will alter the heritage wall – all openings that are existing are to be maintained and used to facilitate access between the existing and proposed car parks.

Heritage South Australia have confirmed their support of the proposed development.

Trees and Other Vegetation O 24-28 PDC 76-91

Satisfied.

There are no regulated or significant trees affected by the proposed development.

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Movement and Parking of Vehicles O 29-35 PDC 92-117

Satisfied.

The development does not result in any new access via any arterial roads and maintains access off Glen Osmond Road and Fullarton Road as per existing.

There is no increase in gross leasable area and as such there is no increase in car parking demand from a theoretical perspective.

The car parking layout and internal traffic movements conform to relevant Australian Standards.

Retailing and Centres O 68-76 PDC 236-239

Satisfied.

The proposed car park is to service the existing neighbourhood shopping centre and improve car parking in the locality.

Outdoor Advertisements

PDC 246-254 Satisfied.

The proposed associated signage is limited in number and is to provide information and direction only.

The design of the signage is clear and simple in conveying its message and avoids proliferation.

The signage is sited away from the arterial roads and is not illuminated in any way.

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Applicant: N Pearson

Location: 20 John Street, Eastwood

Proposal: Demolition of existing dwelling and construction of a new single storey dwelling including masonry front fence

Zone/Policy Area: Historic Conservation Policy Area 2 - Eastwood






Referrals – Statutory: N/A


Urban Forestry Officer



Recommending Officer: Jake Vaccarella

REPORT CONTENTS

Assessment report:










Photographs

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The Applicant seeks Development Plan Consent for the demolition of an existing single storey detached 1960’s built conventional dwelling and the construction of a new single storey detached dwelling and masonry front fence within the Historic Conservation Zone. The proposed dwelling comprises the following features:

Double garage;

Porch;

Courtyard & patio;

Master bedroom with dressing room and ensuite;

Bedrooms 2 and 3 with additional central living area;

Open plan dining, living and kitchen areas;

Bathroom; and

Laundry.

*It should be noted the existing dwelling to be demolished is not identified in Fig HCPA/2 as a Contributory Item.

2. BACKGROUND

Development Application 180\0557\19 was lodged on 01 July 2019 by Rebecca Ryan on behalf of the registered owners of the land. The proposal was determined to be a merit form of development pursuant to Section 35(5) of the Development Act 1993 (the Act). For the purposes of public notification, the application was determined to be a Category 2 development in accordance with the Burnside (City) Development Plan, Historic Conservation Zone Principle of Development Control 26 (b). The application was made available for public inspection between 07 August 2019 and 21 August 2019, during which time Council received written submissions from two (2) external parties who identified concerns relating to compatibility with the historic character of the zone. Specifically, in terms of the building’s garaging, ceiling heights, solid to void ratio in the façade and front fence presentation. A copy of the submissions was forwarded to the applicant for consideration and response. The applicant engaged private planning consultant Phil Brunning to provide a response to the representations which also included the following revisions to the proposal:

An increase in the height of the gutter line from 3.0 to 3.26 metres to better reflect that of the adjoining cottage to the east;

A reduction in the height of the front fence from 1.7 to 1.6 metres and a set-back of 300 mm to allow for hedge planting in front (as shown above); and

The roof material to be galvanized iron in a custom orb profile in lieu of ‘Monument’ (charcoal) Colorbond steel.

The proposal is now presented to the Panel as a Category 2 development with unresolved representations, and a staff recommendation that Development Plan Consent be granted, subject to conditions.

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3.1. Subject Land

The subject land is a regular shaped allotment, located on the southern side of John Street within the suburb of Eastwood, as recorded in Certificate of Title Volume 5786 Folio 214. The subject land is wholly contained within Historic Conservation Policy Area 2 – Eastwood and measures approximately 457 square metres with a frontage to John Street of 16.53 metres. Existing on the land is a 1960’s cream brick single storey dwelling constructed in the conventional style and set behind a 1.6 metre high brush fence. The dwelling and associated fencing is not considered to make a positive contribution to the established historic character of the Policy Area.

3.2. Locality

The locality comprises both sides of John Street between Glen Osmond Road to the west and Birkin Street to the east. Properties to the south of the subject land with frontage to Main Street and properties to the north with frontage to Bristol Street also form part of the locality on account of their proximity to the site. Properties to the west of 12 John Street (inclusive of no. 12) are located within the Business (Glen Osmond Road) Zone. Although somewhat discordant in terms of its pattern of division, the housing stock of the locality is largely intact, comprising a strong representation of ‘workers house’ in the form of single-fronted freestone cottages built in the 1880s on narrow allotments. Dwellings located on both sides of John Street are consistently identified as Contributory Items within the Historic Conservation Zone, with three of the dwellings identified as Local Heritage Places. The residential amenity of the locality is distinguishable by the repetition of evenly planted crepe myrtle street trees on both sides of John Street and the narrow carriageway, all of which serve to create an intimate and quaint residential setting.


Kind: Merit





Reason: Historic Conservation Policy Area Principle of Development Control 26 (b)

Representations Received: Karl Mortimer & Melinda Brindle – 25 John Street, Eastwood (wish to be heard);

Sandy Wilkinson on behalf of Colleen & Brian Magor – 18 John Street, Eastwood (wish to be heard)




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6. AGENCY REFERRALS



7.1. Land Use


The proposal maintains the established and desired residential use of the land;

The proposal comprises the replacement of an existing non heritage-listed building of limited heritage value with a new architecturally designed single storey dwelling;

The proposed dwelling maintains and enhances the low scale, medium density residential character of the Policy Area;

The proposed building complements the established historic character of the Policy Area in terms of its siting, scale, massing, proportions, building form, roof forms and pitches, setbacks and materials and finishes;

The proposed development is not identified as a non-complying kind of development in the Development Plan; and

If it can be demonstrated that the proposed development has no unreasonable external impacts, then consent could reasonably be expected.



The Historic Conservation Zone seeks the conservation and enhancement of the relevant Policy Area, which in this instance is identified as Historic Conservation Policy Area 2 – Eastwood (HCPA 2). The established character statement for HCPA 2 describes the character as being derived from late 19th century single fronted, semi-detached and row dwellings and small single and double fronted worker houses on narrow allotments. The subject land is currently occupied by a single storey cream brick 1960s dwelling built in the conventional style. This building is not identified in Fig Bur HCPA/2 as a Contributory Item and as such does not contribute to the historic character of the Policy Area. Accordingly, the demolition component of this proposal is supported by the policy in the Historic (Conservation) Zone. The proposed dwelling is best described as a high-quality, contemporary building which has been designed in a sympathetic manner, having regard for the historic character of the locality, particularly the adjoining dwellings. The dwelling seeks to be consistent with and complementary of the established historic housing stock of the area, by maintaining the established single storey character and desired pattern of space between buildings along John Street, projecting a form, scale and proportion reflective of adjacent cottages and utilising materials, colours and finishes which are intrinsic to the historic character of the locality. Table Bur/1 of the Burnside (City) Development Plan offers guidance on new residential development within the Historic (Conservation) Zone. The guidelines are not intended to create new buildings which look old; instead new buildings should be complementary to the heritage character of adjoining buildings and the surrounding area by relating sympathetically to the established character of the street and the historic period of subdivision and development.

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When considering the appropriateness of a contemporary dwelling in this setting, it is considered pertinent that the dwelling is compatible without competing with the historic values of the area, as further emphasised by Historic Conservation Zone, Principle of Development Control 22.

The proposed development has carefully considered integrating a new contemporary street fronting single storey built form into the streetscape in a manner that complements and conserves the heritage values of the streetscape without looking old or seeking to replicate or compete with the built form of adjacent late nineteenth century cottages and villas.

The design references the height and scale of the adjoining 1880s symmetrical cottage and 1900s villa, exhibiting eave heights reinforcing the proportions of wall heights in the locality, incorporating a 36-degree roof pitch, reinforcing the roof pitch of adjacent dwellings and adopting a palette of materials and finishes used in a modern interpretation of elements evident within the streetscape. The primary façade is well articulated and exhibits a high proportion of solid to void incorporating a unique mix of brick and western red cedar timber cladding, interspersed with large floor to ceiling vertically proportioned aluminium framed windows. In terms of its siting, the proposed building achieves a setback from the primary façade of 2.5 metres, which is in line with the setbacks of the adjoining buildings. With respect to side boundaries, the dwelling maintains the established and desired pattern of space between buildings, specifically replicating the setbacks exhibited for Contributory Items on allotments of similar form and size. The garage sited on the eastern boundary will abut a boundary wall of the adjoining property which is of similar form and proportions and thus is not at odds with the HCZ provisions. Furthermore, the wall of the garage is largely consistent with the Council Wide guidelines concerning boundary development. The 1.6 metre high proposed masonry front fence comprises ‘hit and miss’ brickwork in colour ‘ivory’ interspersed with vertically aligned western red cedar battens painted in black. The fence is considered to respect the scale and form of the proposed dwelling and is limited in its height and length proportionate to the frontage of the site, so as to permit views of the dwelling from the streetscape of John Street. As part of the internal review process, Council’s consulting Heritage Advisor raised concern regarding the colour palette, particularly the large quantity of black and ‘monument’ across the external façade as they result in a heavy and dominant structure, particularly in a narrow street like John Street. The applicant took the advice on board and submitted revised drawings which portrayed a lighter material pallet, opting for galvanised roof sheeting in lieu of ‘monument’ which was well received by Council’s Heritage Advisor. On balance, the overall design and siting of the proposed dwelling is considered to be appropriate within the context of the locality in terms of the scale, height, form, style and materials. Having assessed the proposed plans, orientation of adjoining buildings and historic patterns of space between buildings and property boundaries, the proposed development is considered to be an acceptable form of development for the subject land and locality when tested against the relevant provisions of the Burnside (City) Development Plan.

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The siting of the dwelling performs well against the site coverage provision of HCPA 2, with the building only marginally exceeding the 50% guideline.

The proposal provides areas of private open space that are orientated and configured to permit sunlight access, are accessible from the primary living areas and comprise suitable dimensions to accommodate entertainment and leisure activities. To this extent, the site coverage departure has no consequence upon the internal functionality of the land and maintains liberal curtilage in front of the dwelling for the establishment of landscaping. It should be acknowledged that the proposed dwelling makes better use of the site in terms of its siting, functionality and interface with adjacent built form than the existing 1960s conventional building which has been positioned to the rear of the allotment and is thereby out of sync with the coherent setback pattern exhibited along John Street. For vehicular purposes, the subject land is serviced via a modified existing crossover located in the north-eastern corner of the site. As part of the internal referral process, Council’s Urban Forestry Officer, requested that the width of the crossover be reduced to ensure 1.5 metre setback from the nearby Crepe Myrtle street tree was achieved.

The development provides generous space for on-site car parking to meet the needs of future occupants and visitors and to avoid on-street parking that would restrict the free flow of traffic (including pedestrian traffic) along John Street or cause significant nuisance to nearby residents or other users of land.


During the public notification period, Council received two representations from the owners of adjacent land, of whom both expressed a desire to formally present their submission before the Panel. The primary concerns raised during the public notification process relate to compatibility with the historic character of Eastwood and the contemporary nature of the building. The applicant’s response to the representations included revised plans which aim to alleviate some of these concerns and enhance the proposal’s compatibility with the historic character of HCPA 2.

Council considers that the planning matters raised through the public notification process have been sufficiently addressed through the overall design of the building and the amendments introduced following the notification period insofar as they are to be determined under the Development Act 1993.

7.5. Conclusion


8. RECOMMENDATIONS



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2. Development Application 180\0557\19, by N Pearson is granted Development Plan

Consent subject to the following conditions:

Conditions

1 The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason: To ensure the development is undertaken in accordance with the plans and details submitted.

2 A detailed landscaping plan specifying all areas of the subject land to be landscaped, including a list of the species to be planted, the height of the species and the maturity at the time of planting and mature height of plants shall be submitted to the Council prior to the granting of Development Approval. The establishment of all landscaping shall be undertaken within three (3) months of the substantial completion of development and in any event prior to the occupation or use of the development. Such landscaping shall be maintained in good health and condition to the satisfaction of the Council at all times and any dead or diseased plants or trees shall be immediately replaced to the reasonable satisfaction of the Council. Reason:

To provide amenity for the occupants of buildings and those of adjacent buildings through the provision of landscaping as part of the development.

Advisory Notes

1 Building Consent

Development Approval will not be granted until a Building Rules Consent has been obtained. A separate application must be submitted for such consent. No building work or change of classification is permitted until the Development Approval has been obtained.

2 Expiration Time of Approval

Pursuant to the provisions of Regulation 48 under the Development Act 1993, this Consent/Approval will lapse at the expiration of 12 months from the operative date of the Consent/Approval unless the relevant development has been lawfully commenced by substantial work on the site of the development within 12 months, in which case the Approval will lapse within 3 years from the operative date of the Approval subject to the proviso that if the development has been substantially or fully completed within those 3 years, the Approval will not lapse.

3 Boundaries


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4 Engineering Advisory Notes Driveway Conditions:

Unless approved otherwise, construction of the driveway crossover shall be in accordance with Council’s Standard Specification and General Conditions and completed to the reasonable satisfaction of Council.

A driveway width of 4.5 metres is permitted across the verge and a crossover width of 5.5 metres (maximum) is permitted at the kerb and gutter.

Parking sign must be relocated at owner’s expense to the satisfaction of Council.

If you elect to carry out the works yourself (or via a contractor) evidence of Public Liability Insurance must be provided to Council before any works can commence on the public verge/road.

Footpath Maintenance

Existing footpath levels, grades etc. shall not be altered as a result of the new works associated with the development.



The volume of any detention device shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 75% and pervious (Cp = 0.1) area of 25%, during a 1 in 20 year flood event for a 10 minute duration.






The stormwater pipe across the road verge should terminate at an approved galvanised steel kerb adaptor.

If the cover to the stormwater pipe across the Council verge is less than 65mm, steel pipe housing is to be used as per Council’s standards.




Excess stormwater runoff from the roof catchment shall be discharged to the street water table through a sealed system to the satisfaction of the Council.

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Urban Forestry Advisory Notes

The proposed crossover requires a 1.5m setback from the adjacent Crepe Myrtle street tree (Tree ID:3272).

Storm water to be discharged a minimum of 1.5m from any street trees.

Utilities require a minimum setback of 1.5m from any street trees.

No tree roots larger than 40mm in diameter are to be cut without Council consent.

Street trees to be protected during development with bunting set 1.5m from the trunk for duration of works.

Crossover to be constructed using Permeable materials.

No storing of materials on road verge during construction.

No pruning of street trees.

No vehicles on road verge at any time during development.

The applicant will be liable for any damage caused to public trees during the development process, including damage by privately engaged contractors.

5 Fences Act 1975

The Applicant is reminded of the requirements of the Fences Act 1975. Should the proposed works require the removal, alteration or repair of an existing boundary fence, a 'Notice of Intention' must be served to adjoining owners. Please contact the Legal Services Commission for further advice on 1300 366 424 or visit www.lsc.sa.gov.au

6 Consultation with adjoining owners

In addition to notification and other requirements under the Development Act and Fences Act, it is recommended that the applicant/owner consult with adjoining owners and occupiers at the earliest possible opportunity after Development Approval, advising them of proposed development work so as to identify and discuss any issues requiring resolution such as boundary fencing, retaining walls, trees/roots, drainage changes, temporary access, waste discharges, positioning of temporary toilets etc.

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land


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APPENDIX 2



Historic Conservation Policy Area 2 - Eastwood Objectives: Objective 1: Development that conserves and enhances the Established Historic Character. Objective 2: Development accommodating detached and semi-detached dwellings and row dwellings. Objective 3: Maintenance and enhancement of the low scale, medium density residential character. Objective 4: The establishment of single-storey dwellings.

Subject:

DP Ref

Assessment:

Desired Land Use O 1

Satisfied.

The existing and lawful residential use of the land is maintained as a result of the proposed development.

Local Compatibility PDC 1

Satisfied.

The proposed development offers a high-quality contemporary building which has been designed so as to not replicate or compete with, the predominant dwelling style of the locality.

The proposed building suitably references the scale, form and appearance of existing historic buildings and comprises architectural features and elements found within the locality.

Site Areas and Frontages PDC 2–5

Satisfied.

Building Set-backs PDC 6

Satisfied.

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Summary of Historic Conservation Zone Objectives and Principles

Primary Historic Conservation Zone Objectives:

Objective 1: The conservation and enhancement of the historic character of the relevant Policy Area.

Objective 2: The retention and conservation of land, buildings, outbuildings, structures, and landscape elements that contribute positively to the established historic character of a Policy Area.

Objective 3: Development accommodating those housing types which are compatible with the historic character of the zone.

Objective 4: Development which conserves and enhances the historic character of the relevant Policy Areas of the zone, in terms of:

(a) overall and detailed design of buildings; (b) dwelling type and overall form; (c) allotment dimensions and proportions; (d) placement of buildings on the allotment and alignment to the street; (e) layout of the site and the type and height of fencing; (f) streetscapes, verge treatment and street planting; and (g) curtilages and garden areas.

Objective 5: A zone where the majority of the existing housing stock is maintained through the retention of items which contribute positively to the character of the Policy Areas, and the number of dwellings is increased primarily through:

(a) the replacement of dwellings that are not identified as contributory items, and (b) the appropriate development of vacant sites.

Subject:

DP Ref

Assessment:

Zoning and Land Use O 1–5 PDC 1-5

Satisfied.

The subject land is occupied by a 1960s conventional dwelling with limited heritage contribution;

The zoning calls for such development, as per HCZ, PDC 3(b). Building Appearance PDC 6-22

Satisfied.

The style of the proposed dwelling is of a simplistic and contemporary design and appropriately references built form elements of the established historic housing stock without attempting to replicate, or compete with, the heritage buildings that form the character of the policy area.

The proposed building is of a single-storey built form, envisaged by HCZ, PDC 8

The streetscape elevation demonstrates that the proposed building will be an inoffensive and positive contribution to the established streetscape character, maintaining the prevailing patterns of space and not detracting from the heritage values of the streetscape.

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Subject: DP Ref

Assessment:

Zoning and Land Use

O 52–60 Satisfied.

Building Set-backs PDC 160 - 161 Front Set-backs

Variance.

The dwelling has a minimum street set-back of 2.5 metres, although this is consistent with the established character and considered appropriate within the local context.

Side Set-backs Variance.

The siting of the dwelling is largely consistent with the Development Plan in terms of its site setbacks with the exception of the rear portion of the western elevation which is setback 1.03m from the western boundary;

The siting of the dwelling is not considered substantially at variance with the Development Plan given the context of how it relates to the neighbouring allotment to the west which is occupied by an outbuilding in its south-eastern corner.

Rear Set-backs Satisfied.

Building Height

PDC 164 Satisfied.

Site Coverage PDC 165

Minor Variance.

The proposal exceeds the 50% guideline sought by HCPA 2 PDC 7.


Satisfied.

Privacy

PDC 22, 174–176 Satisfied.


PDC 177–182

Satisfied.

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The dwelling satisfies off-street parking requirements prescribed by Table Bur/5;

The proposed crossover location and driveway configuration which is sited over the Council verge has been approved by Council’s Technical Officer – Engineering in accordance with Section 221 of the Local Government Act 1999.


Satisfied.


Satisfied.

The proposed front fence has been determined by Council’s Heritage Consultant as being an appropriate fencing treatment for HCPA 2;

The fence will maintain a degree of permeability thereby permitting a visual connection between the public and private realms.

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APPENDIX 3



Site Area 457m2 350m2

Street Frontage 16.53m 8m


Site Coverage

- Buildings only 54% 40%

- Buildings and driveways 60% 50%

Building Height

- storeys Single storey Single storey

- metres 6.8m 9m

Set-backs

Lower Level


- side boundary 1.03m - 2.5m (w) 1.8m (e)

1.5 - 2m

- rear boundary 4m 4m

Boundary Wall

- length 6.1m 8m

- height 3.1m 3m

Private Open Space

- percentage 60% 50%

- dimensions 6.5m x 5.55m 5m x 8m




- width of garage/carport door 31% 33%

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01 October 2019




Applicant: Billson & Sawley Pty Ltd Architects

Location: 1 Bayview Crescent, Beaumont

Proposal: Two-storey open-sided outbuilding comprising outdoor living areas and associated swimming pool decking and fencing

Zone/Policy Area: Residential Zone

Residential Policy Area 27 – Southern Foothills




One (1) representation received


Referrals – Statutory: Nil

Referrals – Non Statutory: Nil




REPORT CONTENTS

Assessment report:








Photographs

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The Applicant seeks Development Plan Consent for the construction of a two-storey outbuilding comprising outdoor living space. The ground floor is completely detached from the existing dwelling and the upper floor connects to the existing upper level of the dwelling via the existing unobscured balcony that runs the width of the rear elevation of the dwelling. The proposed outbuilding comprises a flat roof form and modern design. The building is enclosed via a combination of screening and cladding measures to the north side, and open to the east, west and south elevations so as to maintain views into the rear yard of the subject land and out to the Adelaide Plains. The proposed outbuilding is set back 1.35 metres from the northern side boundary of the site. The finished floor level of the ground level of the outbuilding (comprising decking) sits 125mm above the FFL of the ground floor level of the dwelling. The overall building measures 5.9m above existing ground level below. The decking shown to the pool surrounds is not identified as development pursuant to Schedule 3 of the Development Regulations 2008, being more than 900mm from any relative boundary of

the site.

2. BACKGROUND

Development Application 180\0631\19 was lodged on 24 June 2019 by Billson & Sawley Architects Pty Ltd on behalf of the registered owners of the land. The proposal was deemed a merit form of development pursuant to Section 35(5) of the Development Act 1993 (the Act), and Category 2 development for the purposes of public

notification pursuant to Residential Policy Area 27, Principle of Development Control 10 of the Burnside (City) Development Plan. The application was placed on public notification for a period of 10 days during which time one (1) representation was received. An assessment has now been completed and the application is presented to the Council Assessment Panel (the Panel) for consideration as a Category 2 application with one (1) unresolved representation and a staff recommendation that consent be granted subject conditions.


3.1. Subject Land

The subject land is an existing irregular shaped allotment located on the western side of Bayview Crescent in the suburb of Beaumont. The subject land has an approximate site area of 2174 square metres and an angled frontage width of 18.29 metres. The subject land currently contains a two-storey detached dwelling, existing tennis court and existing swimming pool. The existing dwelling is constructed relative to the natural fall of the land. The land is subject to a Land Management Agreement, of which relates solely to restricting any subdivision or the construction of any additional dwelling on the land.

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3.2. Locality

The locality is comprised of large irregular shaped residential allotments interspersed around Brock Reserve within Residential Policy Area 27 – Southern Foothills. Most allotments contain substantial multi-storeyed or split-level dwellings which have been designed and sited to take advantage of views across the Adelaide Plains.

The locality has an undulating topographical character and mixed architectural building types. Allotments in this locality are distinguishable by their large land sizes, undulating ground and dense coverage of native vegetation, all of which are considered to preserve and enhance the natural character of the foothills.


Kind: Merit





Reason: Residential Policy Area 27, Principle of Development Control 10

Representations Received: Maurice and Janet Hassen c/o Heynen Planning Consultants – 72 Dashwood Road Beaumont (wish to be heard)





6.1. Land Use


The proposed development is consistent with the established residential use of the land;

The proposed outbuilding is of a form, bulk and scale that will be largely in keeping with the existing built form;

The proposal will not have any adverse impacts on the natural character of the southern foothills; and

If it can be demonstrated that the proposed development has minimal or no unreasonable external impacts, then consent could reasonably be expected.



Whilst described as a two-storey outbuilding, the proposed building is an open sided outdoor alfresco structure. The building has been designed to integrate with the existing living areas associated with the dwelling (kitchen, dining and living areas) which are located on the upper floor of the dwelling.

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The upper floor of the proposed outbuilding will provide a connection from the existing unobscured balcony, to the proposed new main outdoor living area, which seeks to maintain views of the Adelaide Plains. The proposed outbuilding is located to the rear of the existing building, approximately 40 metres from the rear boundary of the site and set back 1.35m from the northern side boundary, thus aligning with the setback of the existing two-storey dwelling. Strict adherence to the 4 metre set-back guideline in this instance would compromise the function and use of the development due to position of the existing pool to the south. In terms of scale and massing, the proposed built form sits lower in overall building height than the associated dwelling, and external cladding and screening materials are varied in composition and light in texture so as to reduce bulk and massing when viewed from the northern adjoining property. In terms of privacy, the existing large rear balcony associated with the dwelling allows for unrestricted views to the rear private open space areas associated with the adjoining property at 72 Dashwood Road, Beaumont. The positioning of the proposed outbuilding is anticipated to improve the privacy conditions between the subject land and the adjoining property by introducing an intervening structure. The upper floor level of the outbuilding includes solid screening to a height of 1.8m – 2.1m, which is over the Development Plan guideline of 1.6m. The small protrusion to the western end of the structure shown to be unscreened is conditioned to maintain the 1.8m high screening to alleviate the concerns raised in the submission from the adjoining property owner at 72 Dashwood Road. In terms of site levels, the proposed outbuilding is to be sited on an existing grassed area which is taken to be relative to ‘natural’ ground level on the site, taking into account the natural fall of the land within the locality. It is noted the neighbouring site has been heavily excavated with the presence of large retaining walls, resulting in the structure being seemingly larger in visual prominence due to the juxtaposition of the two properties within this foothills locality. As previously mentioned, the building is considered to be a high quality design that utilises appropriate materials and design so as to minimise any perception of obtrusiveness when viewed from the neighbouring property.


During the public notification period, one (1) submission was received from an adjoining property owner to the north located at 72 Dashwood Road Beaumont. The concerns raised in the submission relate to the following elements:

1. Erosion of privacy o Unreasonable for the proposed development to further diminish the use

and enjoyment of private open space associated with 72 Dashwood Road as a result of topographical differences.

o The consequential new line of sight which will be available to the covered alfresco associated with the residence at 72 Dashwood Road from the open sided elements of the proposed new structure.

2. Appearance of the building as a consequence of the setback from the shared boundary and the height of the structure

o The scale of the proposed building, the elevated FFL and positioning of the building relative to 72 Dashwood Road.

o The sense of enclosure created by the proposed built form. o The siting of the built form does not accord with side boundary setbacks

relative to the FFL proposed.

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The applicant provided a formal written response to the concerns raised, of which are summarised as follows:

Currently the only visual screening between the subject land and the Representor’s land is provided by a row of deciduous trees adjacent the northern side boundary of the subject land.

The proposed outbuilding includes extensive, carefully designed visual screening to the northern face (generally on alignment of the existing house) which will provide relief from the current lack of privacy.

The design solution proposed is far from further diminishing the privacy of 72 Dashwood Road.

The overall height of the proposed outbuilding is lower than the existing house.

The primary use areas are carefully designed and screened to minimise noise nuisance and eliminate overlooking.

Council notes the foothills location in which the subject land resides is characterised in part by dwellings that are medium-to-large in scale, of multi-storeyed construction and positioned “on elevated land and orientated to take advantage of views across the Adelaide Plains”. While this does not in itself justify development that may unreasonably overlook adjacent residential properties, there is an inherent element of overlooking observable within the locality that forms part of this general character. In the current form, Council shares some degree of concern with regard to the potential for obtaining views of the Representor’s rear private open space. The northern elevation includes a small unobstructed protrusion at the western end of the building, which increases the angle of views to the north and raises the potential for overlooking. Given the limited extent of unobstructed space and the general orientation of the outbuilding to take advantage of views south across the swimming pool towards Brock Reserve and west across the Adelaide Plains, however, a condition requiring screened to this section of the outbuilding is anticipated to restrict views such that they would be oblique only and not provide direct and unreasonable views to 72 Dashwood Road. With the regard to the siting of the proposed outbuilding relative to the northern side boundary of the land, the proximity of the proposed outbuilding to the common boundary between the subject land and the Representor’s land necessitated by virtue of existing site constraints and has been considered in balance with the point that the ‘overlap’ of the proposed building relative to the Representor’s boundary is approximately 4.2 metres, leaving a further 19 metres of unencumbered views along the Representor’s rear boundary. Given the topographical constraints of the locality it is not uncharacteristic to find dwellings that do not comply with set-back guidelines.

6.4. Conclusion


7. RECOMMENDATIONS



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2. Development Application 180\0631\19, by Billson & Sawley Pty Ltd Architects is granted

Development Plan Consent subject to the following conditions:

Conditions

1 The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason: To ensure the development is undertaken in accordance with the plans and details submitted.

2 The timber screening as depicted on Drawing No S02C on the stamped and approved

plans granted Development Plan Consent as they relate to the northern elevation of the upper level of the outbuilding shall be installed prior to the occupation or use of the building. The timber screening shall extend the length of the northern side elevation of the upper level of the outbuilding. The timber screening slats shall be spaced at no more than 5mm gaps, and extend a minimum height of 1800mm above the relative floor level. The timber screening shall be fixed and shall be maintained to the reasonable satisfaction of Council at all times. Reason:

To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties.

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APPENDIX 1

AERIAL LOCALITY MAP

Legend

Subject Land


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APPENDIX 2



Primary Residential Policy Area ## Objectives:

Objective 1: Enhancement of the low density, open residential and foothills character that is derived from:

(a) the topographic and other natural features of the foothills location, and dwellings in a variety of architectural styles (typically, detached dwellings, medium-to-large in scale, with split-level or multi-storeyed construction);

(b) many dwellings on elevated land and orientated to take advantage of views across the Adelaide Plains; (c) moderate to deep building set-backs from roads, well-vegetated and generally unfenced front gardens; (d) proximity to the natural character of the adjoining Hills Face Zone; (e) a pattern of development, including the division of land, that varies considerably with the topography (the

Policy Area contains some of the steepest land in the Council area), commonly imposing significant constraints on efficient development, access and servicing (to the extent that on some steep sites, a carport may need to be located between a dwelling and the road, subject to siting and design to minimise visual impact); and

(f) a transition in character and dwelling density between steep land near the Hills Face Zone, where allotments are large and irregularly-shaped, and lower slopes, where there are more regular, compact patterns of land division and generally consistent building set-backs and orientation towards roads.

Acknowledged, significant variations from the desired character, or the prevailing character or environmental conditions, forming, nevertheless, part of the character that is to be enhanced, are found:

(a) on land which, due to its elevation, gradient and aspect, is visible from the Adelaide Plains or main public vantage points in the foothills;

(b) on land adjacent to the Hills Face Zone, or other open land where there may be significant risk of bushfire;

(c) on sites containing or affected by historic mining works; (d) on filled land, such as the former Dashwood Road Dump at Beaumont; (e) on land containing remnant indigenous vegetation; (f) on steep land with limited development and access opportunities, in particular, land fronting the section

of Sunnyside Road between Gill Terrace and Wheal Gawler Street, on the eastern side of Wheal Gawler Street; and

(g) in the “Burnside Park Estate” (centred on Ifould Drive and Burnalta Crescent), where specific encumbrance provisions apply.

Objective 2: Development designed and sited so that the appearance of the foothills visible from the Adelaide Plains is not impaired.

Subject: DP Ref

Assessment:

Desired Land Use O 1

Satisfied.

The proposed outbuilding is for use in association with the existing dwelling on the land.

Local Compatibility

O 2 PDC 1-2

Satisfied.

The proposed outbuilding is considered to complement the scale, bulk and siting of the existing dwelling to which it relates.

The siting of the proposed outbuilding does not involve any site works in the form of excavation or filling.

Site Areas and Frontages PDC 3-5

N/A

Site Coverage Satisfied.

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PDC 6 The additional floor area comprised by the proposed outbuilding

does not exceed site coverage beyond the 33% guideline of the policy area.

Building Set-back

PDC 7 N/A

Access PDC 8

N/A

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Summary of Residential Zone Objectives and Principles

Primary Residential Zone Objectives:

Objective 1: A zone primarily for residential use with a range of dwelling types in appropriate policy areas to accommodate varied socio-economic needs.

Objective 2: Protection and enhancement of the amenity of residential areas, with particular reference to the objectives for the relevant policy area.

Objective 3: Residential densities varied having regard to topography, the objectives for the relevant policy area, and proximity to centres and major transport routes.

Objective 5: Enhancement of the attractive qualities of streetscapes and particularly areas of cohesive character or visual sensitivity, through good design.

Subject:

DP Ref

Assessment:


Satisfied.


Satisfied.

The proposed outbuilding preserves existing site features.

The proposed outbuilding is a light and open structure of an appropriate scale deigned to complement and enhance the style of associated dwelling.

The siting of the proposed outbuilding aligns with the existing side boundary setbacks of the two-storey dwelling.

The building incorporates a flat roof form complementary to the 1960’s style of the associated dwelling.

Design for Topography


The proposed building is slightly elevated some 125mm above existing finished ground level below.

The design of the building negates the need for site works.

Hills Face Zone Buffer PDC 10

Satisfied.

The design, siting and external material and finishes are sympathetic to, and are not considered to detract from the natural character of the nearby Hills Face Zone.

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Subject: DP Ref

Assessment:

Building Set-backs

PDC 160–162 Side Set-backs

Variance.

Whilst the proposed outbuilding does not incorporate a 4m setback to the northern side boundary as desired by the Development Plan, it is sited so as to align with the existing two-storey side setback to the associated dwelling.

It is considered that the intent of the guideline is still achieved with the 1.35m setback as proposed, insofar as the siting of the building does not cause a significant loss of amenity in regards to overshadowing or visual impact, noting that the structure is lightweight in construction and does not extent the length of the rear boundary associated with the neighbouring property at 72 Dashwood Road.

Rear Set-backs

Satisfied. Building Height PDC 163

Satisfied.


Satisfied.

Privacy

PDC 22, 173–175 Satisfied.

The plans show screening to the upper level northern elevation varying in height from 1800mm to 2100mm, which satisfies CW PDC 174.

Proposed Condition 2 refers to the screening extending the length of the northern elevation of the living space, so as to address the small protrusion at the western end that is presently shown to be unscreened.


Satisfied.

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There is no concern of overshadowing impacts to adjoining neighbours due to the orientation and siting of the proposed outbuilding.

Domestic Outbuildings


The proposed outbuilding is considered to be of a size and scale that does not result in visual dominance of the subject land, or dominance from adjoining land.

The proposed outbuilding, whilst two-storey, is not considered large in scale.

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notice of council assessment panel meeting...park (do not wish to be heard) applicant: 53a wandana...

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