Addendum No.1

Council Development Assessment Panel

Item No. 4.4 - Land Division (1 into 2) DA 292 D045 2010

Monday, 21 June 2010 6.00 p.m.

TRS JACKSON CHIEF EXECUTIVE OFFICER Issue Date: 21/06/2010

LAND DIVISION (1 into 2) DA: 292/D045/2010 Development Proposal: Land Division (1 into 2) Applicant: Alexander & Symonds Pty Ltd Zone: Horticulture West Application Type: Non-Complying Report Summary:

That the application by Alexander & Symonds Pty Ltd for a land division (1 into 2) at Lot 202 Legoe Road, BUCKLAND PARK SA 5120, as detailed in Development Application No: 292/D045/2010 PROCEED to Category 3 public notification and statement of effect.

LOCATION: Lot 202 Legoe Road, BUCKLAND PARK

Lodgement Date: 23-Apr-2010 Public Notification: Category 3 (notification not undertaken yet) Representations: Not applicable at this stage (notification not undertaken yet) Referrals: SA Water Development Plan Playford (City) Development Plan, Consolidated 24 Dec 2009 Attachments: 1. Alternative option

2. Objectives and Principles of Development Control 3. Land Division Plan 4. Statement in support

District Council of Mallala City of Playford

Existing dwelling on proposed allotment 1

Existing dwelling on proposed allotment 2

BACKGROUND Lot 202 Legoe Road, BUCKLAND PARK is located in the Horticulture Zone West and has a land area of 84.5 hectares (845000 m2). In the Horticulture Zone West any land division that creates additional allotments is a non-complying form of development. The proposed land division is seeking to divide one allotment into two. The subject land has operated as a facility providing services for people with intellectual disability or acquired brain injury known as ‘Windamere Park’ for nearly 20 years. The owners have also developed an olive grove on the property. The existing allotment contains two independent dwellings, one of which is occupied by the owners of the facility. The second dwelling is currently used as workers quarters. This land division seeks to divide the allotment into two allotments with areas of 44.28 hectares and 40.23 hectares. The land division would allow the owners to pass on ‘Windamere Park’ to new operators, while maintaining their home and the majority of the olive grove on the other. The land division would result in each of the existing dwellings being on a separate allotment. A decision must be made as to whether this application should proceed to the next stage of public notification and statement of effect. LOCALITY DESCRIPTION The subject land is made up of one allotment known as:

Lot 202 Legoe Road, BUCKLAND PARK (CT Volume 5417 Folio 487) It is located on the northern side of Legoe Road and is bordered along the eastern and northern side by the Gawler River. AMENITY AND CHARACTER The area has a rural character with very large allotments, the majority of adjoining allotments are vacant, two allotments to the south show signs of horticultural activity. The area to the east of the subject land is the site of the recently approved Buckland Park project. This land division should have no effect on the amenity or character of the area. ACCESS Access to the subject site is from Legoe Road; the land division would not alter the existing access which is provided to each of the proposed allotments. TOPOGRAPHY The topography of the site is flat. SURROUNDING LAND USES The subject site is surrounded to the east and south by land zoned Horticulture West. To the north and west the site abuts land zone Metropolitan Open Space Scheme (MOSS).

DESCRIPTION OF THE PROPOSED DEVELOPMENT The applicant proposes to subdivide the land into two separate parcels. The two proposed allotments are each 7,212 m2 in area and are rectangular in shape (see subdivision plan). The proposed development would create a separate title for the two existing dwellings (one of which is described as a ‘granny flat’, resulting in two stand alone dwellings on individual titles, provided Council rescind the LMA.

PUBLIC NOTIFICATION

In the Horticulture West zone, land division that results in the creation of an additional allotment(s) is considered to be “non-complying” development. As such, the application must undergo the Category 3 non-complying process for the purposes of public notification and assessment which is as follows: 1. A preliminary assessment of the proposal is undertaken.

(Note: The application is at this stage)

The Council Development Assessment Panel (CDAP) makes a recommendation to either refuse the application or proceed to the next stage of the application.

If the CDAP refuses the application at this point the applicant has no appeal rights. After consideration of this report the next stages are as follows: 2. Should the CDAP recommend the proposal proceed to the next stage of the assessment

process, a Statement of Effect must be provided by the applicant. The Statement of Effect must include all of the matters detailed under Section 17 (5) of the Development Regulations, 1993, which are as follows:

(a) a description of the nature of the development and the nature of its locality; (b) a statement as to the provisions of the Development Plan which are relevant to the

assessment of the proposed development; (c) an assessment of the extent to which the proposed development complies with the

provisions of the Development Plan; (d) an assessment of the expected social, economic and environmental effects of the

development on its locality; (e) any other information specified by the relevant authority when it resolves to proceed

with an assessment of the application (being information which the relevant authority reasonably requires in the circumstances of the particular case); and may include such information or material as the applicant thinks fit.

Once this information has been received, the application will proceed to the next stage in accordance with the statutory requirements relating to the non-complying development.

3. Upon receipt of the Statement of Effect, Category 3 notification of the proposal is

undertaken. This involves letters of notification to the adjoining owners/occupiers and an advertisement is placed in the Local Government column of ‘The Advertiser’ newspaper. The notification period is for a total of ten (10) business days and the application is also referred to other organisations if required. If any representations are received, copies are forwarded to the applicant who has ten (10) business days to respond to the issues raised in the representations.

4. A final report, after detailed assessment of the proposal is undertaken is then forwarded to the Council Development Assessment Panel for a decision.

5. If the Council Development Assessment Panel resolves to refuse the application the

applicant has no appeal rights. If the CDAP resolves to approve the application, concurrence of the Development Assessment Commission (DAC) must be obtained. There are no assurances that the DAC will provide concurrence if the application is at variance to Council’s Development Plan. The applicant has no appeal rights on this decision, however third party appeal rights do exist on a decision to approve the proposal.

REFERRALS As part of the land division process, the Development Assessment Commission (DAC) has referred this application to SA Water and the Department of Water, Land & Biodiversity Conservation. SA Water advise that there is no direct water or sewer available. The Department of Water, Land & Biodiversity Conservation advise that they have no particular comment on the proposed land division. DAC have provided their standard advice for non-complying development.

ASSESSMENT

Development Plan The subject land is located within the Horticulture West Zone as described in the Playford (City) Development Plan. The main issues of the Development Plan that relate to the assessment of the proposed development include: Land Use Appearance of Land and Buildings Traffic and Parking Environmental Considerations Land Use Council Wide Objectives: 7, 49 PDCs: 9, 10a, 20 Zone: Objectives: 1, 6, PDCs: 1, 22, The objectives and principles prescribe that land division should occur for land in appropriate localities in an orderly and economic manner. They also call for the retention of rural areas for agricultural and pastoral purposes. This proposed division seeks to divide an allotment of 84.5 Hectares in to two allotments of 44.28 hectares and 40.23 hectares in area. The land division does not seek to change the existing use of the land being a facility to assist people with an intellectual disability or acquired brain injury and an olive plantation. The information provided suggests that this land division is necessary to facilitate the existing uses of the land.

The proposed allotments are of a suitable size to accommodate horticultural development and would still be two of the largest allotments in the zone. Therefore the allotments can meet the Horticulture West Zone objectives and principles of development control. The land division would not give rise to additional residential development potential as each allotment would contain an existing dwelling, and within the Horticulture West zone an application for a dwelling on an allotment created after the 3rd of November 1999 is non-complying. Appearance of Land and Buildings Council Wide Objective: 44 PDCs: 37(a) Zone Objective: 2, 8 PDCs: 29 Division of land in itself cannot change the amenity of the locality. Division can, however, give the right for future development to occur. In this instance two dwellings already exist and therefore if the division is approved, any further applications dwellings on either site (other than to replace an existing dwelling with a similar structure) will be non-complying. Traffic and Parking Council Wide Objective: 11 PDCs: 19 It is not considered that this division will have any impacts on traffic movements in the area. Environmental Considerations Zone Objective: 9 PDCs: 23, 37(b) This application is for land division only and does not seek to change the existing uses of the site. The zone provisions relevant to flooding specify that development should have primary regard to human safety and protection of property. Parts of the subject land are within the Gawler river flood area; however the level of risk differs between the existing flood mapping referred to in Council’s development plan and the more recent flood mapping undertaken. This matter is relevant to the access arrangement for proposed allotment 2, according to the existing mapping it would not be possible to leave the allotment from the dwelling without crossing an area with a flood risk.

Latest Gawler River Floodplain Mapping

If it is decided that this application proceed to a full assessment, then a more through analysis of this issue can be undertaken and amendments made if required to ensure that the division does not increase the risk to human safety eg. an unrestricted right of way could be established through proposed allotment 1 to ensure that the allotment could be safely exited during a flood. The zoning requires an assessment of the possible effect of the land division on areas of biodiversity, native vegetation, ecological processes, threatened species and ecological communities. If the land division proceeds to the next stage, then this assessment will be undertaken.

ASSESSMENT SUMMARY

This application is for a non-complying form of land division in the Horticulture West Zone at Buckland Park. The application does not seek to change the existing use of the land and would result in allotments that can meet the intentions of the zone. The owners consider that this division is necessary to ensure the continued operation of “Windamere Park” a facility supporting people with disabilities, and an olive plantation. The proposed land division meets sufficient objectives and principles within the Development Plan and contains sufficient merit to proceed to the next stage, being the Category 3 public notification and statement of effect. STAFF RECOMMENDATION That the application by Alexander & Symonds Pty Ltd for a land division (1 into 2) at Lot 202 Legoe Road, BUCKLAND PARK SA 5120, as detailed in Development Application No: 292/D045/2010 PROCEED to Category 3 public notification and statement of effect.

Attachment 1

ALTERNATIVE OPTION STAFF RECOMMENDATION That the application by Alexander & Symonds Pty Ltd for a land division (1 into 2) at Lot 202 Legoe Road, BUCKLAND PARK SA 5120, as detailed in Development Application No: 292/D045/2010 BE REFUSED in accordance with Regulation 17(3) of the Development Regulations 2008.

Attachment 2

Objectives and Principles of Development control COUNCIL WIDE OBJECTIVES Objective 7: Land in appropriate localities divided into allotments in an orderly and economic manner. Objective 11: A compatible arrangement between land uses and the transport system which will: (a) ensure minimal noise and air pollution; (b) protect amenity of existing and future land uses; (c) provide adequate access; and (d) ensure maximum safety. Objective 44: The retention of rural areas for agricultural and pastoral purposes and the maintenance of the natural character and rural beauty of such areas. Objective 49: Low-density living areas with a rural character. PRINCIPLES OF DEVELOPMENT CONTROL 9 The division of land should not: (a) prejudice the continuance or further redevelopment of existing use(s) conducted from portion of the land and which are to be retained; or (b) prevent the further division of that land in a manner which is desirably undertaken in accordance with the applicable objectives and principles of development control. 10 Allotments should: (a) be of a size, shape and layout; so as to contain a site suitable for the development or use of land intended for each allotment and consistent with the applicable objectives and principles of development control. 20 Development and associated points of access and egress should not create conditions that cause interference with the free flow of traffic on adjoining roads. ZONE OBJECTIVES Objective 1: Retention of land for horticultural purposes. Objective 2: A zone characterised by open rural areas, market gardens, greenhouses, hydroponics, vineyards, orchards and pasture. Objective 6: Horticultural activities that are protected from the encroachment of residential and rural living development. Objective 8: Preservation and enhancement of rural character. Objective 9: The Gawler River 100-year Average Return Interval Flood Plain kept free of development which could impede the flow of flood waters. PRINCIPLES OF DEVELOPMENT CONTROL 1 Land within the Horticulture West Zone should be retained for horticultural purposes. 22 Smaller allotments are only appropriate under all of the following circumstances: (a) where the allotments would be used for horticultural activities;

(b) where the division is necessary or desirable for the more efficient use of the land concerned in a manner consistent with the zone Objectives; (c) for an adjustment of existing title boundaries; (d) where interference with biodiversity, native vegetation and drainage lines will be minimal and in locations which enhance the management of the natural features; and (e) in any of the above circumstances each allotment has a depth which is not more than four times the width of the allotment. 23 Land should not be divided, nor allotment boundaries re-arranged, in such a way which increases the number of allotments or part allotments over areas of biodiversity and native vegetation or where there would be detrimental effect on, ecological processes, threatened species, and ecological communities. 29 Additional dwellings should not occur on allotments created after 3 November 1999. 37 Development should be located such that it is not detrimentally affected by flooding and does not increase the risk of flooding of other properties. In particular development should: (b) have primary regard for human safety and the protection of property; and 57 The following kinds of development are non-complying in the Horticulture West Zone: Land Division which creates additional allotment(s)

8

4

.

4

7

3

9

.

7

0

182.26

377.99

287.47

1

1

9

.

7

5

3

6

3

.

6

1

1

2

3

.7

4

2

4

3

.

1

7

9

2

.

2

8

8

6

.0

4

1

0

6

.

7

3

1

4

3

.

2

5

MAIN HOUSE

SHED

SECONDARY HOUSE

OIL SHED

WORKERS QUARTERS

P

R

O

P

O

S

E

D

4

m

E

T

S

A

E

A

S

E

M

E

N

T

Development No. / /

City of Playford

Proposed Plan of Division

Allotment 202 in D46728

Hundred of Port Adelaide

in the area named

BUCKLAND PARK

CT 5417/487

Dimensions and areas are subject to survey.

W

E

S

N

D1671

REF: A016710.00

DWG No. A016710PROP1(C).dwg

REVISION C

JG 19/04/2010

44.28 ha

1

40.23 ha

2

LEGOE ROAD

B

E

A

G

L

E

H

O

L

E

R

O

A

D

D46728

F174403

CATTLE

YARD

PUMP

SHED

EX

IS

TIN

G F

EN

CE

E

X

IS

T

IN

G

F

E

N

C

E

EX

IS

TIN

G F

EN

CE

EXISTING FENCE

55.13

1163.88

416.73

2

1

5

.6

2

1

8

.1

8

Option 2

Option 2

80.00

4

0

6

.

1

0

6

6

4

.4

4

110.51

377.99

287.47

1

1

9

.

7

5

3

6

3

.

6

1

1

2

3

.7

4

2

4

3

.

1

7

Urban & Regional

Planning Solutions

ABN 19 104 348 905

Plan ∙ Facilitate ∙ Resolve

Ref: 2010-0006

20 April 2010

Mr Greg Salmon

Development Officer

City of Playford

10 Playford Boulevard

ELIZABETH SA 5112

Dear Greg,

Statement of Support for Proposed Land Division at Legoe Road, Buckland Park

Introduction

The following report is provided in support of a proposed land division at Legoe

Road, Buckland Park in accordance with Regulation 17 of the Development Control

Regulations 2008.

Background

Following your visit with other Council staff to the site on 8 February 2010 and an

initial indication of support for the proposal, the owners, Mr and Mrs de Lyster,

approached Alexander Symonds – Surveying Consultants to prepare a plan of

division for the subject land.

As background information, the subject land is defined in Certificate of Title

5417/487. The land is located within the Horticulture West Zone where ‘Land Division

which creates additional allotment(s)’ is listed as a non-complying form of

development within the zone.

Discussion

The following comments are offered in support of the proposal:

The proposed division is a relatively simple one, dividing one allotment into two to

accommodate the two primary land uses already carried out on the land.

For nearly 20 years Mr and Mrs de Lsyter have operated ‘Windamere Park’ at this

property, providing services for people with an intellectual disability or acquired

brain injury. Clients participate in recreational and leisure skills, including some work

related activities (where able) in a rural ‘farm’ setting. Services are provided for up to

55 clients a day, 5 days a week with an estimated 80% of clients coming from the

local region i.e. Playford, Salisbury, Gawler and Mallala. The facility is considered a

significant one in the provision of services to people with these forms of disability.

Further information on ‘Windamere Park’ can be gained from the web site at

www.windamere.com.au

Mr and Mrs de Lyster have also established a significant olive grove on the property,

with approximately 50000 trees under cultivation. It operates under the brand name

Kangaroo Paw Oil & Sundry. The company produces a range of award winning extra

virgin olive oil products and associated sundry products. In addition to distribution

within Australia, international export of product is undertaken with distributors in

Canada, California and Japan. Grove management is undertaken in conjunction

2

with the University of Adelaide – Waite Institute, with relevant data collected and

recorded to ensure those aspects affecting the quality/quantity of the oils are

understood. Various research projects into olives are also undertaken in conjunction

with the University.

As can be imagined, the establishment and operation of both of these facilities has

required a significant commitment from Mr and Mrs de Lyster over many years. As

the couple are now in their 60s they are seeking to reduce their involvement with

these activities to a more manageable level.

They are therefore looking to divide their property into two allotments, indicatively of

around 44.3 hectares and 40.2 hectares respectively, with the intention of offering

one allotment, associated with the ‘Windamere Park’ activities, for sale to other

similar service providers.

With relatively minor adjustments to practices, the ‘Windamere Park’ activities can

be accommodated on either of the proposed allotments. Both proposed allotments

will also retain a significant number of olive trees, with approximately 29000 trees on

proposed Allotment 1 and 21000 trees on proposed Allotment 2. In either case, this

will provide for additional income opportunities in association with the ‘Windamere

Park’ activities.

While Mr and Mrs de Lyster have indicated a preference to only being involved in

ongoing operations associated with olive grove activities on the remaining

allotment, they recognise a degree of flexibility may be necessary on their part to

ensure the continuing operation of the ‘Windamere Park’ activities.

The proposed boundary between the two allotments has some minor flexibility for

adjustment if required, but has been located to minimise impact on the olive groves,

including the need for tree removal and relaying irrigation electronics and

infrastructure.

Access is readily available to the property. The two constructed existing access

points to the property from Legoe Road are proposed to continue to be used, with

one access point available to each proposed allotment.

The ‘wetlands’ located in the south – eastern portion of the existing allotment are in

fact ‘man made’ and have been established by Mr and Mrs de Lyster. The water for

the wetlands is provided from ‘treated’ water from the Bolivar Treatment Plant and is

piped to the property and then released into the wetlands for filtering prior to use for

irrigation purposes. The boundary between the two allotments in this area has been

established to enable further earthworks to create an additional channel to provide

an irrigation take off point for proposed Allotment 1.

In summary, the proposed land division is one which will enable the well established

activities on the property to continue. The ‘Windamere Park’ activities are of

significance in terms of the provision of services to people with an intellectual

disability or acquired brain injury and provide an important community benefit. The

proposal will also support the retention of the land for horticultural purposes on both

proposed allotments. This retention of the land for horticultural purposes accords with

a key objective for the zone.

3

It is within this context that I support the proposed land division and seek the

Development Assessment Panel’s support to proceed to the next stage of the

assessment process.

Please contact me on 8333 7999 if you have any questions or require further

information.

Yours sincerely

Geoff Butler

Senior Associate

MPIA CPP