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NOTICE OF MEETING

Pursuant to Section 101A of the Development Act 1993 notice is hereby given that the following meeting will be held in the Council Chambers, Mount Barker Homemaker Centre, 6 Dutton Road, Mount Barker on Monday 12 October 2015.

4.30 pm Strategic Planning & Development Policy Committee

A. Stuart CHIEF EXECUTIVE OFFICER 6 October 2015

Committee Members:

Mayor Ann Ferguson Cr Greg Morrison Cr Ian Grosser Cr Lindsay Campbell (Chair) Cr Trevor Keen Cr Jeff Bettcher Cr Susan Hamilton

TERMS OF REFERENCE

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1. ESTABLISHMENT OF COMMITTEE

1.1 As required by Section 101A of the Development Act (1993) the Council establishes a Strategic Planning

and Development Policy Committee (“the Committee”) for the purposes of providing advice to the

Council on strategic planning and development policy matters pursuant to the aforementioned section of

legislation.

1.2 The Committee does not have executive powers or authority to implement actions or delegated financial

responsibility. 2. FUNCTIONS 2.1 (a) to provide advice to the council in relation to the extent to which the council's strategic planning and

development policies accord with the Planning Strategy; and (b) to assist the council in undertaking strategic planning and monitoring directed at achieving—

(i) orderly and efficient development within the area of the council; and

(ii) high levels of integration of transport and land-use planning; and

(iii) relevant targets set out in the Planning Strategy within the area of the council; and

(iiia) the implementation of affordable housing policies set out in the Planning Strategy within the area of the council; and

(iv) other outcomes of a prescribed kind (if any); and

(c) to provide advice to the council in relation to strategic planning and development policy issues when the council is preparing—

(i) a Strategic Directions Report; or

(ii) a Development Plan Amendment proposal; and

(d) other functions (other than functions relating to development assessment or compliance) assigned to the committee by the council.

3. MEETING FREQUENCY 3.1 The Committee meets monthly on the second Monday of the month commencing at 4.30pm.

3.2 In the event of a public holiday the meeting shall be held on the next business day.

3.3 The Chief Executive Officer is delegated the authority to vary the meeting schedule after liaison with the

Chairperson.

3.4 The Chief Executive Officer is delegated the authority to not call a meeting of the Committee within the

meeting schedule should the Committee have no matter for consideration.

3.5 Special meetings of the Committee may be called in accordance with the Local Government Act (1999). 4. LOCATION OF MEETING 4.1 The meetings are held at the Council Chambers unless otherwise indicated on the meeting’s Agenda

notice.

Meeting of the Strategic Planning & Development Policy Committee

Monday 12th October 2015 at 4.30pm

ORDER OF BUSINESS

1. COMMITTEE OPENING

- Apologies or Leave of Absence

2. CONFIRMATION OF MINUTES

2.1 10th August 2015 ................................................................................................ 2 3. CONFLICT OF INTEREST ............................................................................................. 2 4. DEPUTATIONS ............................................................................................................... 2 5. QUESTIONS WITH NOTICE .......................................................................................... 2 6. QUESTIONS WITHOUT NOTICE ................................................................................... 2 7. MOTIONS ON NOTICE ................................................................................................... 2 8. MOTIONS WITHOUT NOTICE ....................................................................................... 2

9. PETITIONS ..................................................................................................................... 2 10. REPORTS BY OFFICERS

10.1 Existing Centres Policy Review - Ministerial Development Plan 3 Amendment

11. INFORMATION REPORTS

12. CONFIDENTIAL REPORTS

NIL………………………………………………………………………………….…..…...…..93

District Council of Mount Barker Strategic Planning & Development Policy Committee Agenda 12 October 2015 1

1. COMMITTEE OPENING

- Apologies or Leave of Absence

2. CONFIRMATION OF MINUTES

2.1 RECOMMENDATION That the minutes for the meeting held on 10th August 2015 be taken as read and confirmed.

3. CONFLICT OF INTEREST 4. DEPUTATIONS 5. QUESTIONS WITH NOTICE 6. QUESTIONS WITHOUT NOTICE 7. MOTIONS ON NOTICE 8. MOTIONS WITHOUT NOTICE

9. PETITIONS 10. REPORTS BY OFFICERS

2 District Council of Mount Barker Strategic Planning & Development Policy Committee Agenda 12 October 2015

10.1 REPORT TITLE: EXISTING CENTRES POLICY REVIEW

MINISTERIAL DEVELOPMENT PLAN AMENDMENT

DATE OF MEETING: 12 OCTOBER 2015 FILE NUMBER: FOL/15/6202 – DOC/15/99662

Strategic Plan 2012-2017 Ref:

Urban Growth; Provide a sustainable and desirable place to live, work and play through growth management and urban renewal.

Purpose: To present the Existing Activity Centres Policy Review Development Plan Amendment and to give direction on Council’s submission. Summary – Key Issues: 1. The Minister for Planning has released the Existing Activity Centres

Policy Review Development Plan Amendment (EACPR DPA) for Public Consultation.

2. The EACPR DPA has implications for the ongoing development of the District’s Centre and Township Zones.

3. The changes proposed by the Minister are largely technical in nature including ensuring that desired uses within zones are not subject to non-complying assessments and inappropriate public notification requirements.

Recommendation: That the Strategic Planning and Development Policy Committee recommend to Council that:

1. Council supports the majority of the proposed changes to the Mount Barker Development Plan as a result of the Ministerial Development Plan Amendment.

2. Council express in its written submission to the Minister its concern regarding the proposed Centre and Township Zones “complying development” triggers for local heritage places and the lack of reference to Historic Conservation Areas in the policy.

3. Council delegate the preparation and finalisation of Council’s written submission to this Ministerial Development Plan Amendment to the General Manager, Planning and Development.


Background: 1. The Minister for Planning has released the Existing Activity Centres

Policy Review Development Plan Amendment (DPA) for consultation. 2. This DPA is the first of two (the second has not yet been released)

Ministerial DPAs to review land use rules affecting development in activity centres and shopping activity more generally.

3. The Existing Activity Centres Review DPA affects each Development Plan within the Greater Adelaide Region, other than the City of Adelaide.

4. The primary aim of this DPA is to consider the majority of Greater Adelaide’s activity centres, including:

all shopping and centre zoned land (e.g. regional, district, neighbourhood, local, town and historic)

areas within other zones identified as ‘main street’, ‘high street, ‘shopping core’ or similarly termed places

zones or areas that have a high concentration of business commercial activity (including retail) and may include some business, commercial and mixed use zones

areas that have been identified for mixed use urban infill purposes, such as transit corridors and key redevelopment sites that support multi storey buildings.

5. The DPA proposes amendments that support:

greater consistency regarding off-street vehicle parking requirements for developments in activity centres when located near high frequency public transit services (bus tops, train and tram stations, O-Bhan interchanges or the Adelaide Parklands

removal of criteria that make shops, offices or consulting rooms a non-complying form of development (typically through floor space limits) to support additional merit based assessment for desired (or envisaged) uses in activity centres and promote a consistent assessment path for such uses in Greater Adelaide (refer to Attachment 1)

The introduction of complying development to promote adaptive reuse of existing buildings for consulting rooms, offices and shops in affected areas or zones

use of floor space requirements (where they exist) as a guide rather than a restriction – the removal of maximum or minimum thresholds

changes to affected business and shopping zones and precincts to ensure development proposals are subject to category 1 or 2 public notification requirements, consistent with established practices for existing centre zones under Schedule 9 of the Development Regulations 2008.


6. Council has an opportunity to provide a response to the DPA until the 21 October 2015 at which point the consultation period closes. Council can indicate whether it wishes to be heard at the Development Plan Advisory Committee Meeting in support of its submission. It is not considered necessary that Council make a verbal submission in addition to the written response and Officer level communication (see 13) at this point.

Discussion: 7. The DPA affects the Mount Barker Development Plan (Attachment 2) as

follows:

the introduction of a “complying development” list to the Local, Neighbourhood and Regional Centre Zones as well as the Township Zone for advertisements/advertising hoardings and selected commercial land use changes

the removal of non-complying requirements for floor area caps in the Regional Town Centre and Local Centre Zones

a change in emphasis in the Local Centre Zone designating the floor area cap as a guideline rather than a maximum.

The complete removal of the floor area cap of 500m2 from the Regional Town Centre Zone, irrespective of policy area.

The designation of development in the Hufendorf and Strassendorf Policy Areas (Hahndorf) either as Category 1 or Category 2, public notification, and

other minor word changes. 8. Council has, in the interest of promoting sustainable economic

development in the district, undertaken or supported the following Development Plan Amendments (DPAs):

The Rural (Primary Production Protection) DPA

The Regional Town Centre DPA

The Nairne and Environs DPA

The Totness Employments Lands DPA (Privately Funded) 9. As such Council, in the interest of promoting sustainable economic

development in the district, is an active participant in the initiation, promotion and undertaking of Development Plan amendments that support this goal.

10. To this extent the changes to the Mount Barker Development Plan are in accordance with the Council’s strategic direction.

11. Council is also supportive of the traditional and historic main streets of the district, and views them as integral, not only as part of the district’s identity, but as places supporting the small local business. As such, there are several, small but important changes in the DPA that require a submission, as follows.


Firstly the existing building stock of historic Gawler Street is characterised by smaller floor plate heritage buildings and other historic buildings that contribute to the character of the Street.

Secondly, the triggers for complying development as proposed in the centres does not take into consideration that a majority of centres in the Mt Barker District are located within Historic Conservation Areas.

These issues need to be conveyed to the Minister as a concern of Council, given the catalyst of the historic main street in the District as local economic driver.

12. The most productive course of action in making a submission would be an emphasis on this point, along with suggested policy changes that allow for the required commercial and corresponding land use flexibility inherent in any long term economically sustainable historic main street.

13. Council staff are currently having discussions with State Government staff in respect to the Regional Town Centre DPA and the impact of the proposed amendments as a part of this DPA on Council’s policy direction. The outcome of these discussions and further policy writing will be included in Council’s response to the minister. Council Staff will complete the submission in accordance with the points made within this report. Should any further changes to the content of this response will presented back to Council.

Community Engagement: Informing only This is a Development Plan Amendment initiated by

the Minister of Planning and as such the State Government is responsible for Community Consultation. Please refer to the following link Note: all enquires or responses are to the State Government not to Council https://www.sa.gov.au/topics/housing-property-and-land/local-government/development-plans/amendments-to-development-plans-proposed-by-the-minister/existing-activity-centres-policy-review-amendment

Policy: Existing Mount Barker Development Plan Policy will be affected by the released Existing Activity Centres Policy Review Development Plan Amendment. Budget: N/A Statutory/Legal:


The Existing Activity Centres Policy Review Development Plan Amendment is in accordance with the relevant provisions of the Development Act 1993 and the Development Regulations 2008. Staff Resource Requirements: N/A Environmental: N/A Social: N/A Risk Assessment: N/A Asset Management: N/A Conclusion: Council has a vested interest in the on-going viability of the existing centres, especially when confronted with the reality of a number of new centres proposed within the MDPA growth area. To this end support of the Existing Activity Centres Policy Review DPA is in line with Council’s aims and goals for vibrant and economically sustainable centres located within the traditional main street. In these centres striking a balance between development, economic sustainability and heritage conservation is crucial. This point and proposed policy amendments will be conveyed in Council’s submission to the Minister. Key Contact Simon Coote, Policy Planner ,Planning Policy and Strategy Manager or Sponsor of Project Marc Voortman, Manager, Planning Policy and Strategy Attachments Attachment 1 Glossary- Types of Development DOC/15/100247 Attachment 2 Amendment (Mt Barker) DOC/15/99926


THE KINDS OF DEVELOPMENT - Glossary All development, as defined by the Act and Regulations, requires the lodgement of a development application to seek development approval or a staged consent. There are three kinds of development: complying, non–complying and development on consideration of merit.

Complying development - Sections 35 and 36, Regulation 8 and Schedule 4 of the Regulations The forms of development and building work deemed to be complying are listed in Parts 1 and 2 of Schedule 4 of the Regulations. Councils can also choose to include more extensive lists of complying development within the relevant Development Plan.

If an application requires referral to another authority or agency under Section 37 of the Act, the proposal is not a complying form of development. This enables the decision maker to consider referral advice.

When a development application is lodged in relation to one of the forms of development listed in the Regulations or Development Plan as complying, (and subject to any referral requirements), the relevant authority must grant a Provisional Development Plan (PDP) consent (subject to any conditions attached to a complying list).

Non–complying development - Section 35 Non–complying development is development of a particular nature listed in the Development Plan as being non–complying in a particular zone or policy area.

Development listed as non–complying in the Development Plan will generally be inconsistent with the statements of objective and principles of development control for a particular zone or policy area. Accordingly non–complying development is not usually approved without some form of unique or special circumstances.

In its assessment of a non–complying development, the relevant authority must assess an application in the same manner as if it were a ‘merit’ application, and must not grant a development approval or a consent if the proposed development is considered by the relevant authority to be seriously at variance with the relevant development plan.

Development for consideration on merit Development for consideration on merit refers to any nature of development that is not listed as either a complying development or a non–complying development in a development plan or schedule 4 of the Regulations.

An application for a development for consideration on merit is assessed by the relevant authority, having regard to the objectives and principles of development control within the relevant development plan. In its assessment of this type of development application, the relevant authority must not grant a development approval or a consent if the proposed development is seriously at variance with the relevant development plan. A development can be seriously at variance whether or not it is non–complying.


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