resthaven (c/- masterplan) · 2016-02-05 · development assessment commission 11 february 2016 2...

Development Assessment Commission

11 February 2016

1

AGENDA ITEM 3.1

Name of Applicant

Resthaven (c/- MasterPlan)

Address

48 Smith-Dorrien Street, Mitcham

TABLE OF CONTENTS

PAGE NO

AGENDA REPORT 2 – 27

ATTACHMENTS

1: DEVELOPMENT PLAN PROVISIONS 28 – 44

2: MAPS & PHOTOS 45 – 55

3: APPLICATION & PLANS

a. Planning Report – MasterPlan SA Pty Ltd

b. Plans – Brown Falconer

c. Landscaping Plan - Designwell

d. Stormwater Report – Combe Pearson Reynolds

e. Traffic Report – MFY Pty Ltd

f. Certificate of Titles

56 – 108

57 – 68

69 – 77

78 – 79

80 – 86

87 – 90

91 – 108

4: COUNCIL COMMENTS

a. Letter to Development Assessment Commission (Date

11 December 2015)

b. Agenda item from Full Council Meeting (Date 8

December 2015

109 – 136

110 – 111

112 – 136

5: REPRESENTATIONS 137 – 172

6: RESPONSE TO REPRESENTATIONS AND COUNCIL 173 – 194

7: ADDITIONAL INFORMATION 195 – 205


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AGENDA ITEM 3.1

OVERVIEW

Application No 080/E028/15

Unique ID/KNET ID ID: 611 / Knet: 2015/13375/01

Applicant Resthaven (c/- MasterPlan)

Proposal Redevelopment and expansion of an existing residential aged

care facility

Subject Land 48 Smith-Dorrien Street, Mitcham

Zone/Policy Area Residential (Central Plains) Zone / Residential (Central Plains)

Policy Area 8

Relevant Authority Development Assessment Commission

Lodgement Date 1 September 2015

Council City of Mitcham

Development Plan Mitcham (City) Development Plan

Consolidated – 19 February 2015

Type of Development Merit

Public Notification Category 2

Representations 12 Representations and 11 wishing to be heard

Referral Agencies N/A

Report Author Leif Burdon, Planning Officer

RECOMMENDATION Development Plan Consent subject to conditions

EXECUTIVE SUMMARY

The Minister has appointed the State Coordinator General with powers to determine

certain development over $3 million in value be considered by the Development

Assessment Commission (DAC), as the relevant authority, pursuant to Schedule 10 of the

Development Regulations 2008.

On 13 May 2015 the applicant requested that the State Coordinator General consider

making such a determination for this proposal. After considering the request and being

satisfied that the proposal met the criteria specified within Schedule 10, the State

Coordinator General has determined DAC to be the relevant authority for the purposes of

assessing this application.

The applicant seeks approval for the redevelopment of the existing aged care facility at

48 Smith-Dorrien Street, Mitcham. The redevelopment includes the alteration and

additions to existing buildings, new driveways and access arrangements, car parking and

landscaping within the Residential (Central Plains) Zone of the Mitcham (City)

Development Plan.

The application is before the Commission for a decision on the basis that the City of

Mitcham objects to the proposal in particular due to traffic impacts and stormwater

management. 12 representations were received following Category 2 Public Notification

of which 11 wish to be heard.

This application broadly aligns with the Residential (Central Plains) Zone and Residential

(Central Plains) Policy Area 8. The points of conjecture relate to traffic impacts,

stormwater management and loss of amenity. It is considered that the applicant has

satisfactorily addressed these concerns which leads to a recommendation that

Development Plan Consent be granted subject to conditions.


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AGENDA ITEM 3.1

ASSESSMENT REPORT

1. DESCRIPTION OF PROPOSAL

The proposal plans and all other application details are contained in ATTACHMENT 3.

The proposal is for the redevelopment of the existing residential aged care facility at 48

Smith-Dorrien Street, Mitcham. The redevelopment includes the demolition of two

existing buildings on the site (one facing Hill Street and the other adjacent the northern

boundary of the site) and the construction of new single and two storey buildings. The

building will have a maximum height of 8.55m measured from the finished floor level to

the pitch of the roof. These buildings contain bedrooms, administration and residential

facilities along with associated landscaping, new main access from Hill Street with on-site

parking space and fencing. The alterations and additions will cover an additional 750m²

within the subject site, this includes building and additional internal road/parking areas.

A summary of the proposal is as follows:

Land Use Description Residential aged care facility

Building Height Two storey maximum, predominately one storey across the

site

Description of levels Both levels are used as residential aged care facility

Setbacks Setbacks of new buildings

Single storey

Hill Street – 12.5m

Northern Boundary – 4m

North-Eastern Boundary – 8.3m

Tow storey

Eastern Boundary – 9.7m

South Eastern Boundary – 15m

North-Eastern Boundary (Terrace) – 24m

North-Eastern Boundary (Windows) – 29m

Site Access Access to the site is provided from Hill Street, Truro

Avenue and Smith-Dorrien Street

All accesses to the site are two-way

The Hill Street access is the main entrance into the site for

the general public with Truro Avenue and Smith-Dorrien

predominantly used by staff and service vehicles

Car and Bicycle

Parking

44 on-site parking spaces are provided, with an additional

16 on-street dedicated spaces for car parking

Loading bay area, 2 loading spaces (located in the northern

portion of the site)

Short term park available within driveway/’drop off zone’

accessed via Hill Street

The buildings proposed will be of a similar nature to the existing built form currently on

the site currently. Features include colorbond sheeting roof (birch/dune), a combination

of different wall facades being Boral brick (Victoria Blue), Boral honest block (Almond),

timber horizontal cladding (Walnut) and express joint sheet lining (Dulux Rose Pink Villa).

All plant equipment is located on the ground floor within the buildings curtilage on the

northern and eastern sides and enclosed by acoustic screens.

Landscaping will be established throughout the site. Planting will be established fronting

of Hill street (adjacent the new building and within the proposed access and parking


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AGENDA ITEM 3.1

spaces, along with planning in the new building curtilage in the north-eastern corner and

along the boundary.

There will be some minor internal road alterations and the loading dock area will be

relocated, in close proximity to its existing position. No changes are proposed to delivery

and service vehicle arrangements.

Operation and Reports

The existing residential aged care facility currently comprises residential accommodation

with associated services and facilities for the residents. The site currently has

licence/approval to accommodate 120 residents within the facility (applicant has

informed this resident limit is established under the federal Aged Care Act 1997). At

present there are 107 beds for residents and this proposal increases the number of beds

to 118.

The applicant has provided a traffic analysis report, prepared by MFY Pty Ltd. The report

includes a parking assessment, parking design, traffic impact, traffic access

arrangements (for both car and delivery truck requirements) and an analysis of the

existing traffic volumes.

A stormwater management plan has been provided by the applicant, prepared by Combe

Pearson Reynolds Consulting Engineers. This report outlines the stormwater design for

the management and disposal of stormwater post development of the site, in response to

the City of Mitcham stormwater management requirements.

2. SITE AND LOCALITY

2.1 Site Description

The site consists of 5 allotments, described as follows:

Lot No Section Street Suburb Hundred Title

Reference A31 DP5736 Smith-Dorrien Street Mitcham Adelaide CT 5850/910

A14 DP2705 Truro Avenue Kingswood Adelaide CT 5760/830

A310 FP12734 Hill Street Kingswood Adelaide CT 5846/235

A311 FP12734 Hill Street Kingswood Adelaide CT 5808/241

A51 DP23266 Hill Street Kingswood Adelaide CT5438/70

The subject site is an irregular shape. The site area is approximately 14,450m². The

subject site has street frontages to Smith-Dorrien of 12m, Truro Avenue of 17.7m

and Hill Street of 98.7m.

For comparison, the site has the equivalent area of approximately 45 residential

allotments (at 325m² per lot) conceivably this could equate to in excess of 112

residents (average 2.5 person per household) and vehicle movements in the order of

400 plus (based on an average per day 9 vehicle movements per household)

The site currently contains a residential aged care facility. Currently this site has 107

beds (with an existing approval to accommodate 120 residents) in a range of

residential aged care accommodation and independent living units. In addition to the

residential accommodation section on the site the facility also has an administration


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AGENDA ITEM 3.1

building, common areas, kitchen and dining facilities, landscaped areas and off-street

parking.

The built form on the site is a mixture of single and two storey buildings, with

majority of the buildings being single storey. As well, the site has extensive

landscaping around the buildings which includes a large detention basin in the north

eastern corner of the site.

2.2 Locality

The locality is characterised by predominantly low density detached dwellings. These

dwellings are both single and two storey built forms. The surrounding locality has a

high level of residential amenity. The majority of the surrounding allotments are

based on traditional grid pattern, typical of a suburban area.

Figure 1 – Location Map

Locality plans and photographs are contained in ATTACHMENT 2.

3. COUNCIL COMMENTS

Referral responses are contained in ATTACHMENT 4.

3.1 City of Mitcham

The City of Mitcham has advised, at its full meeting 8 December 2015, it considered

the application and resolved to object to the proposal by Resthaven. The grounds for

this resolution are summarised below:


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AGENDA ITEM 3.1

The relocated vehicular access and car park will adversely impact on adjoining

residential in Hill Street

The proposal falls short of Council’s minimum stormwater requirements

o Adequately demonstrate that the subject land would not be adversely

impacted by a 1:100 year ARI storm event

o Stormwater drainage plan that shows management of the 5 year and

100 year ARI storms

o Post development flows will not exceed pre detained development flows

from the site

o Verification that there is no increase risk of inundation for adjoining

properties

o Stormwater from the site is treated prior to leaving the site

Proposal fails to provide the required detail for:

o Sightlines to ensure that there is no overlooking

o Documentation of site lighting, mechanical plant and equipment

o Operational details relating to waste collection and staffing numbers

Council as part of their formal response has not provided any conditions to be

attached should the Development Assessment Commission decide to grant planning

consent.

4. STATUTORY REFERRAL BODY COMMENTS

No statutory referrals were required for this application.

5. PUBLIC NOTIFICATION

The application was notified as a Category 2 development pursuant to PDC6 of the

Residential (Central Plains) Zone of the Mitcham (City) Development Plan. Public

notification was undertaken (by directly contacting adjoining owners and occupiers of the

land) and 12 representations were received, see Figure 2 below.

Note: Applicant has provided an overall response to the representations made, given the

similar nature of the representations

Representor ID Issue Applicant’s Response

R1 Construction Management

concerns (Parking, vehicle

movements, dust, working

hours/days)

During construction works the

contractor will be required to meet

EPA requirements relating to hours,

dust/air quality and drag out.

Additionally site supervisor details to

be provided as a contact should any

nuisance/issues arise

R2 Not adequate on-site parking

provisions

On-site parking provisions exceed

requirements within Development

Plan

Delivery truck movements

and additional street parking

Analysis has shown that the site will

be able to accommodate truck

delivery movements internally and

enable entry and exit into the site in

a forward direction


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AGENDA ITEM 3.1


R3 Loss of privacy/overlooking Planning SA’s ‘Good Residential

Design Guide’ to provide advice for

‘direct overlooking’ being within

15m horizontal distance and at a

45° angle from relevant windows.

- The new upper level facing the

southern boundary has amended

the 1750mm sill height windows

to address concerns of

overlooking.

- The upper level terrace and

windows facing the northern

boundary have a distance of 24m

(terrace) with a solid wall height

of 1750mm and 29m (room

windows). Both of these

exceeding the requirements for

‘direct overlooking’ and also with

single storey built form closer to

the adjacent properties further

obscuring overlooking.

- The upper level facing the

eastern boundary will have

obscured glass to a minimum of

1700mm.

(Further discussed in section 7 –

Planning Assessment).

Delivery truck movements As discussed above.

Access to rear of property This matter is between the

Resthaven Inc and the adjacent

landowner. Not part of this

application

Damage during construction As discussed above

Devaluation of properties Not a planning consideration

R4 Negative impact to property

and the community

The two storey elements is not

unreasonable nor an uncommon

built form in the context of the

policy or surrounding residential

locality

Overlooking As discussed above.

Traffic flow internally and Car

parking

As discussed above.

Screening plants are

insufficient

Existing boundary planting is to

remain along the northern boundary

with infill of 2.5m shrub planting to

further assist screening. This screen

planting is further located along the

residential boundaries of the eastern

and southern sides.


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AGENDA ITEM 3.1


Previous development

promises

Not part of this development

application.

R5 Two storey built form –

impact to visual skyline, light,

overshadowing

Both the zone and policy area do

not specifically preclude two storey

built form. The existing aged care

facility already contains two storey

buildings along with other dwellings

in the locality.

Traffic and parking issues As discussed above

Privacy issues As discussed above

Decrease in property value As discussed above

R6 Impact on privacy As discussed above

Devalue properties As discussed above

Increase parking problems As discussed above

R7 Loss of privacy/lifestyle As discussed above

Devaluation of property As discussed above

Traffic congestion As discussed above

Increase demand of

infrastructure (water, gas,

sewage)

Additional information has been

provided to ensure Council’s

stormwater requirements can be

met.

R8 Loss of privacy and Loss of

light

As discussed above

Increase noise from traffic The anticipated additional traffic

movements (particularly along Hill

Street) form the proposed

development are low. Delivery

vehicles access or frequency is not

proposed to alter as a result of this

application.


Construction work problems Will be required to meet EPA

requirements. As discussed above

R9 Two storey built form Both the zone and policy area do

not specifically preclude two storey

built form. As discussed above

Overlooking As discussed above


R10 Colour section of built form

Landscaping improvements

The applicant has employed

qualified landscaping architecture

firm who undertook and extensive


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AGENDA ITEM 3.1


design and species selection

process.


Impact of new traffic flows on

Hill Street – need for

mitigation (speed humps and

parking restrictions)

As discussed above.

Hill Street mitigation measures are a

Council consideration and outside

the scope of this application.

R11 Car parking on Hill Street As discussed above

Height of built form to south-

west of site

As discussed above

Impact to privacy As discussed above

Traffic impacts to Hill Street As discussed above

R12 Two storey built form As discussed above

Traffic report inadequacies

Traffic congestion impacts

Provided further analysis of the

access arrangement, technical

requirements and internal traffic

management. This included a two

week survey within the locality.

Figure 2 – Representation Map


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AGENDA ITEM 3.1

A total of 11 representors wish to be heard by the Commission.

Another 2 representations were also received by the Commission, but were either

assessed as being invalid (in accordance with the Development Regulations) or received

after the close date. These representations have raised similar concerns to the

representations above.

A copy of the 12 representations is contained in ATTACHMENT 5 and the applicant’s

response in ATTACHMENT 6.

6. POLICY OVERVIEW

The subject site is located within the Residential (Central Plains) Zone and the Residential

(Central Plains) Policy Area 8 as described within the Mitcham (City) Development Plan

consolidated 19 February 2015, see Figure 3 below

Relevant planning policies are contained in ATTACHMENT 1 and summarised below.

Figure 3 – Zoning Map

6.1 Policy Area

The subject site is located wholly within the Residential (Central Plains) Policy Area 8.

This policy area is characterised by dwellings constructed mainly between the years

1920 to 1970. New building forms should generally maintain the existing pattern and

scale of detached dwellings with road frontage, although other forms of dwellings


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AGENDA ITEM 3.1

should also be provided to extend the range and choice of housing options available

to the community.

To achieve new development at higher density than that prevailing, whilst

maintaining the character of the area, such development should be located on larger

sites to enable a planned and co-ordinated development. In such instances

development should address the road frontage to maintain the existing streetscape

character, and should either provide, or be located in proximity to, adequate public or

private open space. New development should also ensure that site areas per dwelling

are sufficiently large to provide an adequate provision of unbuilt-upon land, including

private open space with each dwelling. Residential flat buildings may however be

developed in duplex form in appropriate locations where they would be in context

with existing streetscapes and the predominant character of the locality.

6.2 Zone

The Residential (Central Plains) Zone is for the development of primarily detached

dwellings. Other dwelling forms may be appropriate where the external design and

appearance of such dwellings complements the predominant architecture, streetscape

and low-density character of existing development within the locality.

6.3 Council Wide

Particular relevant Council Wide policy provisions are contained within the ‘Residential

Developments’, ‘Form of Development’, ‘Stormwater Management and Flooding’,

‘Movement of People and Goods’ and ‘Appearance of Land and Buildings’ sections of

the Mitcham (City) Development Plan. These seek the following key outcomes:

Residential Development

Within the Council Wide provisions ‘Aged Care Accommodation, Hostels and Nursing

Homes’ location is within the Residential Development section. Within this section

Residential Aged Care Accommodation should be:

development within established or developing residential areas;

located within easy walking distance to essential facilities such as convenience

shops, health and welfare services and/or public transport;

of a form and design, and buildings should be of a bulk and scale that reflects

a residential style and character rather than an institutional character’;

providing ‘spaces to accommodate social needs and activities including social

gatherings, gardening, keeping pets, preparing meals, doing personal

laundry’;

providing pleasant and functional open spaces and landscaping to meet the

needs of residents.

Form of Development

Non-residential development adjacent to residential development and/or zones

should, where appropriate, be designed, sited, constructed, landscaped and

operated in a manner which will minimise the impact of such activities on

adjacent residential development and occupants.

Stormwater Management and Flooding

Development designed and located to protect stormwater from pollution

sources.

Development of stormwater management systems should be designed and

located to improve the quality of stormwater, minimise pollutant transfer to

receiving waters, and protect downstream receiving waters from high levels of

flow.


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Movement of People and Goods

Development should provide safe and convenient access for private vehicles,

cyclists, pedestrians, service vehicles, emergency vehicles and public utility

vehicles.

Access points onto public roads should be designed and located so as to

minimise traffic hazards, queuing on public roads, and intrusion into adjacent

residential areas.

Development should provide sufficient off-street parking to accommodate

resident, visitor, customer, employee, and service vehicles

Appearance of Land and Buildings

The appearance of land, buildings, and objects should not impair the amenity

of the locality in which they are situated.

7. PLANNING ASSESSMENT

The application has been assessed against the relevant provisions of the Mitcham (City)

Development Plan, which are contained in ATTACHMENT 1.

7.1 Land Use and Character

The proposal involves the redevelopment (alterations and additions) to the

existing residential aged care facility. The existing land use will not be altered

by this application. While the proposal is of a commercial nature in terms of its

function as a supported accommodation facility, the proposal is for all intents

and purposes a predominantly residential use of the land.

The Residential (Central Plains) Zone and Policy Area 8 provide no specific

policy position for development of this nature. However, within the desired

character for this policy area it does envisage some new development at higher

densities than the existing, so long as to maintain the character of the area.

These newer developments should be located on larger sites to enable planned

co-ordinated development and in appropriate locations where they would be in

keeping with the context of the existing streetscape and predominant character

of the locality. Given the size of the subject site and built form of the existing

aged care facility, it already forms part of the predominant character for this

locality and this proposal continues to build upon this.

Additional to this, new building forms should generally maintain the existing

pattern of the locality and scale of detached dwellings, although other forms of

dwellings should also be provided to extend the range and choice of housing

options within the community. This proposed development builds upon the

existing residential aged care facility and continues to provide this service to

the community.

Furthermore, there are a range of provisions within the Council Wide section of

the Development Plan with regard to appropriately locating such facilities,

access to public services and facilities, as well as offering opportunities for

ongoing interactions with the community generally. Guidance is found within

the Council Wide section of the Development Plan for special needs housing

including aged person’s accommodation (nursing homes and retirement homes)

to be develop within any residential zones in the Council area. The following

provision is of particular relevance:


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AGENDA ITEM 3.1

Aged Care Accommodation, Hostels and Nursing Homes

PDC29 (a) Accommodation specifically for aged or disabled persons should

be:

(i) developed within established or developing residential areas;

(ii) located within easy walking distance to essential facilities such

as convenience shops, health and welfare services and/or public

transport;

(iii) located where movement of ageing persons is not unduly

restricted by the slope of the land;

(iv) located and designed to promote interaction with other sections

of the community;

(v) of a form and design, and buildings should be of a bulk and

scale that reflects a residential style and character rather than an

institutional character;

(vi) provided with pleasant and functional open space and

landscaping to meet the needs of residents.

In the absence of specific principles within the zone provisions, consideration

has been given to PDC29(a) above (also PDC29(b) to (d)). Notwithstanding the

existence of the land use, the proposal generally meets the requirements of

these provisions as it is located within a residential area, provides or is located

near a range of essential facilities (Mitcham Shopping Centre located 700m and

bus stop 150m for the site), movement around the site is convenient, enables

interaction, and is of a form and design which reflects a residential style.

The proposed upgrading of the existing facility and continuance of use is

considered appropriate for this location.

7.2 Built Form, Design and Appearance

The proposal comprises single and two storey built form together with

additional on-site car parking and amended vehicular access.

The zone and policy area offers guidance that all new developments should

complement the existing character of the locality and should address the road

frontage and maintain the existing streetscape. Whilst this proposal is not a

new development, per say, there is a genuine need to consider its scale and

character within its context

The council wide provisions of the Development Plan of relevance in respect to

matters of building form and overall design merit are as follows:

Objective 14 The establishment of safe, attractive and pleasant

residential areas comprising residential development of a scale, form,

density and appearance that maintains or achieves the desired character of

specific zones and, where applicable, policy areas.

PDC150 The appearance of land, buildings, and objects should not impair

the amenity of the locality in which they are situated.

PDC154 Development should incorporate landscaping as an integral part

of the design of the development.

The proposed development builds upon the existing single and two storey built

form within the established residential aged care facility.


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AGENDA ITEM 3.1

Given its unique site characteristics being Hill Street has a frontage of 98.7m

and Smith-Dorrien Street and Truro Avenue having smaller frontage of 12m

and 17.7m respectively. The majority of streetscape views are from Hill Street

with the remaining built form located on the subject site not visible from the

other roads, being that Smith-Dorrien Street and Truro Avenue are more

access points.

Therefore the Hill street frontage plays an important role of harmonising with

the existing streetscape of the area. Within the Desired Character Statement

for the Residential (Central Plains) Policy area ‘New building forms should

generally maintain the existing pattern and scale of detached dwellings with

road frontage, although other forms of dwellings should also be provided to

extend the range and choice of housing options available to the community’.

The new single storey building front Hill Street is setback 12.5m with

landscaping provided in front. The nature of the built form maintains the

existing character of the other buildings along Hill Street on the subject site

and has a similar design characteristic of a typical suburban dwelling.

Concerns were raised during the public notification period that the two

buildings would be out of character with the surrounding locality and negatively

impact on the visual amenity when viewed the adjoining residences.

The built form is similar to the existing buildings (with two storey already

present) on the subject site, which is encouraged by the Development Plan and

is considered appropriate within this locality given the variety of development

form and styles. The proposed buildings are of a high quality design and

appearance with the bulk and scale of the proposal lessened by the location of

two storey buildings set well within the subject site and therefore not overtly

prominent within the streetscape setting.

7.3 Traffic Impact, Access and Parking

7.3.1 Traffic Impact

The current residential aged care facility has the main visitor access to the site

via Smith-Dorrien Street, with secondary access via Truro Avenue and Hill

Street. The service vehicle access is via Truro Avenue and Smith-Dorrien

Street. This proposal includes the relocation of the main site access to Hill

Street with the other two existing access point to be used as service vehicle

access and opportunity for staff car parking spaces. The applicant has engaged

with MFY traffic consultants to undertake an analysis of the location to

understand the potential impacts of this relocation on the existing road network

function.

The applicant has advised that the volumes generated for the proposed

development will be essentially similar to the existing situation given that the

proposed number of beds will still remain under the allowed capacity of this site

and contemplates a relatively small increase from 107 to 118 beds. Given only

the slight increase in beds there is only likely to be slight increase to staff

numbers if any at all.

The Council Wide provisions of the Development Plan are of relevance in

respect to matters of ‘Movement of People and Goods’ are as follows:


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AGENDA ITEM 3.1

PDC77 Development should conform with the following principles relating

to traffic, parking and vehicles access, in addition to any relevant land use

specific parking standards:

(a) Development should provide safe and convenient access for private

vehicles, cyclists, pedestrians, service vehicles, emergency vehicles and

public utility vehicles.

(c) Access points onto public roads should be designed and located so as to

minimise traffic hazards, queuing on public roads, and intrusion into

adjacent residential areas.

Concerns have been raised, by Council and representors, about the traffic

impacts of the proposal, particularly along Hill Street given this new primary

access. The concerns raised relate to an increase in traffic volume along this

street, Hill Street is a relatively narrow street in sections compared with Smith-

Dorrien Street, and it is already a busy street with this development to

exacerbate the problem.

It has been acknowledged by the applicant that there will be some traffic

redistribution from Smith-Dorrien to Hill Street as a result of the relocation of

the primary access point to the site. However, given the low traffic volumes

generated from this form of development MFY are of the opinion it is not

anticipated to significantly impact the functioning of Hill Street. As part of this

analysis, traffic volume surveys were competed to understand the existing road

network and compared this with Council’s data on traffic volumes of these

streets. The new access arrangement (see Figure 4 below) allows for the

internal free flow of vehicle movements within the site.

Figure 4 - shows the vehicle movement internally for the access of Hill Street

(vehicle movement has been added)

The traffic reports provided for this application show that this proposed

development would have minimal impact to the function of Hill Street, Smith-

Dorrien Street and Truro Avenue and would not cause an unreasonable impact

on the road network and not significantly alter the existing operation of these

streets. The existing traffic volumes for all the roads are below the maximum

typical volumes anticipated for a residential street. The proposed relocation of

the main site access will not change this.


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AGENDA ITEM 3.1

It is noted that the Council’s planning report (agenda item) to the Full Council

Meeting, (ATTACHMENT 4) that Council’s Traffic Consultant reviewed the

application and provided commentary that ‘traffic volumes are likely to be well

within acceptable capacity for a local residential street.’

7.3.2 Access Arrangement

The Smith-Dorrien Street is the Main entry/access point to the site with

secondary access from Truro Avenue and Hill Street. As previously mentioned

above the proposal includes the relocation of the main site access to Hill Street

whilst retaining the secondary access points on Truro Avenue and Smith-

Dorrien Street.

In consideration of the main entrance being relocated the applicant has

acknowledged it was essential to ensure that all anticipated vehicles would be

able to enter and exit in a forward direction to maintain safe and efficient

movement. Figure 5 shows the access movement of the internal road of a 24

seater bus, being the largest vehicle expected to use this access.

Figure 5 - shows the access movement of 24 seater bus from Hill Street

Relocating the main access point to Hill Street and having the secondary

accesses from Truro and Smith-Dorrien Street are considered acceptable.

Delivery Arrangement

The delivery arrangement for this proposal comprises vehicles entering and

exiting via the secondary access on Truro Avenue and Smith-Dorrien Street.

This is the existing arrangement and is not proposed to change as a result of

the development. The loading bay has been relocated, further east of the

existing location (see Figure 6). The new location of the loading bay allows for

easier access as well as additional room for service/delivery vehicles.


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Figure 6 – shows the relocation of the loading dock.

The applicant has demonstration through the analysis and vehicle swept paths

that the site will continue to accommodate delivery requirements as per the

existing situation, with drivers able to enter and exit the site in a forward

direction.

Even though there is no proposed change to the current delivery arrangement

it has been identified that Truro Avenue access should be reconfigured to

ensure the swept path and safe movement of delivery/services vehicles can

occur without damaging the Council infrastructure (Figure 7).

Figure 7 – shows the amended access of Truro Avenue to ensure safe delivery

truck movement

The table below outlines the delivery/service arrangements.


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AGENDA ITEM 3.1

Given there is no change to the delivery/service vehicle frequency or access

(save for the improved configuration proposed for the existing access point

from Truro Avenue), the delivery arrangement are considered appropriate.

However, to ensure appropriate management of potential conflicts with

adjacent residential properties, a condition limiting delivery time is

recommended. This condition is aligned with Environment Protection (Noise)

Policy 2007. This would be consistent with previous DAC decision made to

similar applications involving the redevelopment of an existing residential aged

care facility adjacent to residential properties (DA# 155/E001/14, Applicant:

Life Care Incorporated)

7.3.3 Car Parking

The proposed development will provide 44 off-street car parking spaces

(creating an additional 15 to the existing situation). Of these 44 spaces, 23 are

dedicated to staff parking and two for disabled parking (located close to the

main access point). There is an additional 16 on-street dedicated spaces for

car parking directly adjacent the facility (see figure 8), however they are not

included as part of the proposal (as located on Council land). It is reasonable

to expect these spaces could be utilised by visitors and residents of this

development.

Figure 8 – highlighted area shows the on-street parking available on Hill Street.

The Development Plan advises that community facilities should provide car

parking in accordance with ‘nursing home, rest home, or hostel - one car

parking space for every three beds in the development’. This development can

be considered akin to a nursing home (residential aged care facility) and should

have one space per three beds of the development. Based on this rate the

proposal should have at least 40 on-site car parking spaces. The proposal will

provide 44 on-site car parking spaces (not inclusive of the 16 on-street

dedicated spaces).

Additional to this, there is a requirement that at least one car parking space in

every 25 should be for the disabled and that these spaces should be

conveniently located in relation to the building entrance. The proposal has two

dedicated disable car parking space located close to the new entrance for the

development.

Therefore the provision of parking spaces within the subject land satisfactorily

meets the car parking requirements of the Development Plan.


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AGENDA ITEM 3.1

7.4 Environmental Factors

7.4.1 Stormwater Management

The applicant has identified that stormwater run-off could cause potential

issues if not adequately addressed. Subsequently Combe Pearson Reynolds

Consultants were engaged to prepare a report and management plan on the

impacts of the proposed development and recommend solutions. The report

assessed the current stormwater management of the site, finished floor level

requirements, stormwater disposal requirements, on-site detention and

compared pre and post development detention requirements.

The pre-development roofed area of the site is 5540m² and the total of the

post development roofed area would be 6025m, being an increase of 525m²

roofed area across the site. The existing site has an existing detention pond in

the north-east corner of the site with a whole of site detention capacity of

110KL. This application proposes that the new buildings will be built on top on

this location containing the existing pond. To compensate for this the applicant

has provided underground pipes close to the north boundary. The existing

stormwater network/drains, along with the new buildings stormwater, will be

diverted to this located. The new stormwater storage capacity across the site

will be 120KL, an increase of 10KL to allow for the additional roofed areas.

Within the Development Plan, Council Wide section PDC37, states that

development ‘should incorporate stormwater management that directs major

stormwater flows through areas of open space designed and controlled to

prevent erosion and the likely entry of floodwaters into buildings percent’.

Along with this, ‘Development should incorporate appropriate measures to

minimise the discharge of sediment, suspended solids, organic matter,

nutrients, bacteria and litter and other contaminants to the stormwater system

and may incorporate systems for treatment or use on site’, as per PDC41

Council has raised concerns that the development falls short of its minimum

stormwater requirements and does not incorporate an appropriately designed

stormwater management plan.

The applicant has provided further clarification of how the proposal will achieve

the requirements for stormwater management of this site. These details relate

to on-site stormwater detention, overland flow paths, the discharge in the

stormwater network (restricted flow into this infrastructure) and the

management of the 5 year and 100 year ARI storm event.

The information provided by the applicant is sufficient to give confidence that

the stormwater management plan would meet Council’s requirements. It is

common practice that the final detailed design of the stormwater layout and

plan are considered after the planning consent has been granted. Accordingly,

the stormwater management of the site would be subject to a condition placed

on the consent, if given, whereby a final detailed Stormwater Management Plan

to the satisfaction of the Development Assessment Commission, in consultation

with the City of Mitcham, is prepared prior to Development Approval being

granted.

It is considered that the stormwater management plan for this proposal is

acceptable with these conditions in place.

It is noted that the Councils planning report (agenda item) to the Full Council

Meeting, (ATTACHMENT 4) that Council’s Principle Engineer – Stormwater


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AGENDA ITEM 3.1

reviewed the application and provided commentary that while the concept is

reasonable it currently lacks detail and has recommended that appropriate

conditions be attached to any approval by the DAC if supported. Similar

conditions have been recommended as part of this report.

7.4.2 Noise Emissions

As the proposal is for a commercially operated care facility adjacent to

residential development, the application needs to ensure that existing

residential land uses are not unduly impacted by noise. As important is to

ensure residents of the facility are not affected by noise as it is for adjacent

residents.

The applicant has advised that the location of all plant equipment will be on the

ground floor. The plant location is within the building’s curtilage on the

northern and eastern sides. These structures will be surrounded by acoustic

screens. No plant equipment will be placed of the roof of the proposed

development. This is to ensure the minimal disturbance and impacts to the

adjacent residential properties. It is also recommended that a condition be

placed on the delivery/service vehicle times which will also assist mitigating

potential noise impacts to a reasonable level.

A condition is recommended to ensure all noise generating plant and

equipment proposed as part of the development would be suitably attenuated

in accordance with Environment Protection Authority standards, namely section

25 of the Environment Protection (Noise) Policy 2007 dealing with fixed

domestic machine noise.

It has been concluded that the proposal would not unreasonably interfere with

the current residential amenity of the locality.

7.5 Interface and Overlooking

The existing residential aged care facility is located within the Residential

(Central Plains) Zone. This includes a two storey building in the north-eastern

location of the site. Given the second level adjacent residential properties

there is potential for overlooking and privacy concerns.

The Council Wide provisions of the Development Plan are of relevance in

respect to matters of ‘Side and Rear Property Boundary Set-backs’ are as

follows:

PDC19 Buildings should be sited with respect to property boundaries so as

to:

(a) maintain the amenity of adjoining dwellings in terms of noise,

privacy and sunlight;

(g) minimise impacts of overlooking from upper storeys of

dwellings.

Accordingly, external walls of dwellings, other than party walls, should be

set-back:

(f) two-storey buildings or the upper-storey portion of such

buildings should be set-back a minimum of eight metres from rear

property boundaries.

PDC20 Development should be designed to protect the privacy of private

open space associated with adjoining dwellings. In addition, the siting and


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AGENDA ITEM 3.1

design of dwellings should minimise the potential for nuisance from noise

between dwellings and noise from vehicles using a common driveway

serving more than one dwelling.

(d) if the development is greater than single-storey, it should be

designed so that no upper-storey windows or balconies directly

overlook the private open space of adjoining properties or directly

look into the windows of neighbouring dwellings. Any upper-storey

windows or balconies that directly overlook the private open space

of an adjoining property should have opaque glass, fixed shutters or

similar screening, or the sill height of such windows raised 1.7

metres above floor level to maintain privacy for adjoining residents.

Concerns have been raised, by Council and representors, about the potential

overlooking and loss of privacy to the adjoining residential properties

particularly from the northern and southern facing windows/terrace from the

upper level of the two storey buildings. To address these concerns the

applicant has provided further explanation/information and also made some

amendments to ensure minimal overlooking possible.

Given the facility is surrounded by residential properties (backyards) to the

north, east and south a summary of the potential overlooking and applicants

response is below:

South Facing

This part of the building is setback a minimum of 15m to the adjoining

residential allotment boundaries, and their backyards beyond. In response to

concerns raised by Council and representors the applicant has amended the

upper-floor windows to have a 1.75m sill height. The Development Plan

requirements for setbacks from rear of property boundary and minimum sill

height of at least 1.7m have now been met.

Figure 9 - showing southern elevation of the two story building

East Facing

This part of the building is setback 9.7m to the adjoining residential allotment

boundaries and their backyards. This part of the building has a floor to ceiling

window facing the eastern adjoining allotments. On the upper level obscured

glazing will be provided to a minimum height of 1.7m. This meets the

Development Plan requirements for setbacks from a rear property boundary

and window treatment.


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AGENDA ITEM 3.1

Figure 10 - showing eastern elevation of the two storey building

North Facing

This part of the building is setback 24m (terrace) and 29m (windows) to the

adjoining properties and their backyards. The northern facing terrace on the

upper level of the building has a solid wall height of 1.75m to prevent

overlooking from this outdoor location. The upper-level windows do not have

minimum sill height or opaque/obscured glazing measures, however there is a

single storey building along with landscaping between the upper storey

window and allotment boundary. The applicant notes that the Development

Plan does not define direct overlooking. Instead the applicant has referenced

the ‘Good Residential Design Guide’ (Planning SA, 1999) which defines ‘direct

views’/overlooking as being within 15m from the upper level window and

measured at a 45 degree angle from the window. Given that the window is

located 29m to the adjacent allotment boundary, a single storey building is

located in-between and landscaping provisions for 2.5m high shrub planting to

screen the boundary, it is considered to met the expectations of the

Development Plan with respect to maintaining reasonable levels of amenity

and visual privacy

Figure 11 - showing cross section and northern outlook of the two storey

building

Additional to the built form mitigation measures included as part of this

proposal to prevent direct overlooking of adjoining residential properties, this

application also includes screen planting in specific locations to assist in

ensuring privacy. Existing boundary planting along the northern and south-

eastern allotments is to be retained, with additional infill shrub planting of

2.5m high to screen the boundary. Landscaping is further discussed in section

7.6.

Given the amendments provided by the applicant in response to the concerns

of the representors and Council, it is considered that the proposal meets the

requirements of the Development Plan by ensuring that no upper-level

windows or balconies directly overlook the private open space (backyards) or

look directly into a window of the adjoining residential properties around the


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AGENDA ITEM 3.1

site. The amendment constitutes a practical and reasonable planning

response.

7.6 Landscaping

The applicant has provided a landscape plan for the proposed development.

The plan includes the following;

o retention of the existing boundary planting with additional infill shrub

planting to 2.5m high along the northern, eastern and southern

allotment boundary to assist in screening the new building

o additional tree planting adjacent to the new building

o new tree and shrub planting along the Hill Street frontage in the

location of the existing building

o tree planting located within the internal main access from Hill Street

The landscaping as proposed has due regard to satisfy PDC11 and other

Council Wide provisions that seek appropriate site planting and other

associated landscaping works.

PDC11 Landscaping of development in residential zones should:

(a) enhance residential amenity;

(b) screen storage, service and parking areas;

(c) provide protection from sun and wind; and

(d) not unreasonably affect adjacent land by shadow.

Council has not raised any concerns with the proposed level or location. The

landscaping will complement the proposed built form and assist in allowing the

building to blend into the site context and surround locality.

8. CONCLUSION

The application involves the redevelopment and expansion, including a small number of

additional beds, to the residential aged care facility at 48 Smith-Dorrien Street, Mitcham.

The redevelopment includes the demolition of two existing buildings on the site (one

facing Hill Street and the other adjacent the northern boundary of the site) and the

construction of new single and two storey buildings. These buildings contain bedrooms,

administration and residential facilities along with associated landscaping, new main

access from Hill Street with on-site parking space and fencing.

The redevelopment and expansion of an existing residential aged care facility is

supported in a general sense for the service it supplies within the local community and

located within a residential area. Similarly from a planning and design perspective, the

proposal responds well to the provisions of the Mitcham (City) Development Plan.

The proposed buildings in terms of their configuration and footprint are largely consistent

with that of the existing character of the facility. The majority of built form would not

have a visual impact on the adjacent streetscape. Concerns had been raised into

overlooking and privacy issues. These have been adequately addressed and should be

minimal impact on the adjoining residents. In regards to the technical aspects of the

proposal such as traffic management, noise attenuation and stormwater management, it

is considered that such matters have been satisfactorily addressed, or can be adequately

managed by way of conditions

I have completed an assessment against all of the relevant provision within the Mitcham

(City) Development Plan and have undertaken an inspection to the subject site and


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AGENDA ITEM 3.1

surrounding locality. The objection raised by Council and the concerns of the adjacent

representors have been satisfactorily addressed when assessed against the Development

Plan. It is considered that the proposed development it not seriously at variance with the

development and has sufficient merit to warrant support of granting planning consent,

subject to conditions.

9. RECOMMENDATION

It is recommended that the Development Assessment Commission:

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

policies in the Development Plan.

2) RESOLVE that the Development Assessment Commission is satisfied that the

proposal meets the key objectives of the Mitcham (City) Development Plan

Council Wide provisions and the Residential (Central Plains) Zone with particular

reference for residential aged care facilities to be located within established

residential areas and is in a form and design with buildings of a bulk and scale

which reflects the existing character of the locality.

3) RESOLVE to grant Development Plan Consent to the proposal by Resthaven Inc

c/- MasterPlan SA Pty Ltd for the redevelopment and expansion of an existing

residential aged care facility at 48 Smith-Dorrien Street, Mitcham subject to the

following reserved matters and conditions of consent.

PLANNING CONDITIONS

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

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

accordance with the details and following plans submitted in Development

Application No 080/E028/15.

Plans – Brown Falconer

Resthaven Incorporated – Resthaven Mitcham Redevelopment – Site Plan - Existing

– Dwg No 764 DA02 – Rev C – Date 30/07/2015

Resthaven Incorporated – Resthaven Mitcham Redevelopment – Site Plan - Proposed

– Dwg No 764 DA03 – Rev L – Date 11/12/2015

Resthaven Incorporated – Resthaven Mitcham Redevelopment – Ground Floor Plan –

Dwg No 764 DA04 – Rev I – 11/12/2015

Resthaven Incorporated – Resthaven Mitcham Redevelopment – First Floor Plan –

Dwg No 764 DA05 – Rev F – 11/12/2015

Resthaven Incorporated – Resthaven Mitcham Redevelopment – Elevations – Dwg No

764 DA06 – Rev F – Date 11/12/2015

Resthaven Incorporated – Resthaven Mitcham Redevelopment – Sections – Dwg No

764 DA07 – Rev G – Date 15/01/2016

Resthaven Incorporated – Resthaven Mitcham Redevelopment – Elevations External

Finishes – Dwg No 764 DA08 – Rev B – 11/12/2015

Resthaven Incorporated – Resthaven Mitcham Redevelopment – Proposed Part Site

Plan and Locality – Dwg 764 DA09 – Rev - – 11/12/2015

Plans – Designwell

Resthaven Incorporated – Resthaven Mitcham Redevelopment – Final concept

Masterplan – Drawing No S-15-05-102 – Rev B – Date 21/05/2015

Resthaven Incorporated – Resthaven Mitcham Redevelopment – Plant Schedule

Concept – Drawing No S-15-05-101 – Rev A – Date 15/05/2015


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AGENDA ITEM 3.1

Traffic Report – MFY PTY LTD

Resthaven Aged Care Redevelopment, 48 Smith-Dorrien Street, Mitcham – JML/15-

0202 – Letter to Mr Greg Vincent, MasterPlan SA Pty Ltd – Date 13/10/2015

Stormwater Management Plan – Combe Pearson Reynolds Consulting

Engineers

CPR – Stormwater Management Plan – Prepared for: Brown Falconer Group Pty Ltd –

Site: Resthaven Mitcham 17 Hill Street, Mitcham SA 5062 – Job No: 150085 – Date

03/08/2015

Additional Information

MasterPlan SA Pty Ltd – Planning Report – Redevelopment of Existing Aged Care

Accommodation, 48 Smith-Dorrien Street, Mitcham – For: Resthaven Inc –

14192REP01 – Date 19/08/2015

MFY Pty Ltd - Resthaven Aged Care Redevelopment, 48 Smith-Dorrien Street,

Mitcham Response to Representations – JML/15-0202 – Letter to Mr Greg Vincent,

MasterPlan SA Pty Ltd – Date 11/12/2015

MFY Pty Ltd - Resthaven Aged Care Redevelopment, 48 Smith-Dorrien Street,

Mitcham Commercial Vehicle Access – JML/15-0202 – Letter to Mr Nathan Franklin,

MasterPlan SA Pty Ltd – Date 15/01/2016

CPR – Resthaven Mitcham Stormwater Management Plan – Letter to Brown Falconer

Group Pty Ltd – Job No: 150085 – Date 10/12/2015

MasterPlan SA Pty Ltd – Email to: Leif Burdon – Subject: FW: 15008 5RE Resthaven

Mitcham – Date 20/01/2016

2. All car parks, driveways and vehicle manoeuvring areas shall conform to Australian

Standards and be constructed, drained and paved with bitumen, concrete or paving

bricks in accordance with sound engineering practice and appropriately line marked

to the reasonable satisfaction of the Development Assessment Commission prior to

the occupation or use of the development.

3. All car parking areas, driveways and vehicle manoeuvring areas shall be maintained

at all times to the reasonable satisfaction of the Development Assessment

Commission.

4. All materials and goods shall be loaded and unloaded within the boundaries of the

subject land.

5. That all loading and unloading, parking and manoeuvring areas shall be designed and

constructed to ensure that all vehicles can safely enter and exit the subject land in a

forward direction.

6. Ancillary activities such as deliveries, collection, movement of private waste bins,

goods, empty bottles and the like should not occur:

i. after 10.00pm; and

ii. before 7.00am Monday to Saturday or before 9.00am on a Sunday or

Public Holiday.

7. Prior to Development Approval, the applicant/developer shall prepare a final detailed

Stormwater Management Plan to the satisfaction of the Development Assessment

Commission, in consultation with the City of Mitcham. The final detailed stormwater

management plan should incorporate, but not limited to, the following measures:

i. Suitable stormwater management techniques including detention systems

must be designed to reduce the post development flows to the equivalent


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AGENDA ITEM 3.1

flow derived from an effective run-off coefficient of 0.25 for a 5 year ARI

event, and 0.45 in a 100 year ARI event. In addition for the 5 year ARI

event, the peak outflow from the detention system must be checked to

ensure the outflow after 90 minutes for the critical storm duration from the

detention system is not greater than the flow that would arise from a 90

minute storm based on a predevelopment catchment with a 0.25 runoff

coefficient. Should this flow be larger, then the detention volume must be

further increased to reduce the outflow to this un-detained 0.25 runoff

coefficient level. The directly connected time of concentration must be

appropriate for the development as described in “Australian Rainfall &

Runoff” Volume 1;

ii. A “Limited Out Flow” from the development must be achieved by

incorporating into the stormwater drainage design, measures for either

On-site Stormwater Retention (OSR) and/or On-Site Stormwater Detention

(OSD);

iii. The “Limited Out Flow” from the development may be discharged to either

Council infrastructure or to an area for On-Site Stormwater Retention

(OSR) within the property (landscape area, soakage trench, etc.);

iv. Stormwater that is retained on-site (OSR) by utilising landscaped areas

within the property, soakage trenches, or additional tank storage, must be

contained within the site. Stormwater resulting from a storm, up to and

including a 20 year ARI, must not flow or discharge onto land of adjoining

owners, lie against any building or create insanitary conditions; and

v. Detention tank capacity must be in addition to any proposed rainwater

storage tanks for domestic supply or On-Site Stormwater Retention

8. All stormwater design and construction shall be in accordance with Australian

Standards and recognised engineering best practices to ensure that stormwater does

not adversely affect any adjoining property or public road.

9. The landscaping shown on the plans forming part of the application shall be

established prior to the operation of the development and shall be maintained at all

times with any diseased or dying plants being replaced.

10. That the air conditioning or air extraction plant or ducting shall be screened such that

no nuisance or loss of amenity is caused to residents and users of properties in the

locality to the reasonable satisfaction of the Development Assessment Commission.

11. That all lighting of the site, including car parking areas and buildings, shall be

designed and constructed to conform with Australian Standards and must be located,

directed and shielded and of such limited intensity that no nuisance or loss of

amenity is caused to any person beyond the site.

12. An appropriate Construction Environment Management Plan (CEMP) which addresses

the mitigation or minimisation of impacts (especially from noise and dust) during the

construction phase shall be prepared and implemented. Dust generated by

machinery and vehicular movement during site works, and any open stockpiling of

soil or building materials at the site, must be suppressed to ensure that dust

generation does not become a nuisance off-site. Site development machinery should

generally not be operated outside the hours of 7 AM to 6 PM daily.


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AGENDA ITEM 3.1

ADVISORY NOTES

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

this Notification, unless this period has been extended by the Development

Assessment Commission.

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

Notification.

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

Notification must be completed within 3 years of the date of the Notification unless

this period is extended by the Commission.

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

on this Development Plan Consent or Development Approval.

e. Such an appeal must be lodged at the Environment, Resources and Development

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

the Court may allow.

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

in the Sir Samuel Way Building, Victoria Square, Adelaide, (telephone number 8204

0289).

g. The final detailed Stormwater Management Plan must be certified by a “Charted

Professional Engineer” in the field of stormwater management.

LEIF BURDON

PLANNING OFFICER

DEVELOPMENT DIVISION

DEPARTMENT OF PLANNING, TRANSPORT and INFRASTRUCTURE

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