Town of Gawler Council Assessment Panel ATTACHMENTS UNDER SEPARATE COVER Monday 11 December 2017 Item Page No 5.1 Development Application: 490/357/2017 3 Applicant: Haynes Signs Address: 81-87 Murray Street, Gawler; 75 Murray Street, Gawler Nature of Development: Flat Wall Sign (One (1) LED Screen Measuring 2.56 Metres x 1.28 Metres) Attachment 1 – Attachment 2 – Attachment 3 – Application Plans and Documentation Previous CAP Agenda and Attachments Previous Response from the State Heritage Branch 5 25 58 Page 3 of 403

ATTACHMENTS UNDER SEPARATE COVER Monday 11 December … · LOT 2 PRIMARY COMMUNITY STRATA PLAN 28437 IN THE AREA NAMED GAWLER HUNDRED OF NURIOOTPA Easements NIL Schedule of Dealings

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Town of GawlerCouncil Assessment Panel

ATTACHMENTS UNDER SEPARATE COVER

Monday 11 December 2017

Item Page No

5.1 Development Application: 490/357/2017 3

Applicant: Haynes Signs

Address: 81-87 Murray Street, Gawler;

75 Murray Street, Gawler

Nature of Development: Flat Wall Sign (One (1) LED Screen Measuring 2.56 Metres x 1.28 Metres)

Attachment 1 –

Attachment 2 –

Attachment 3 –

Application Plans and Documentation

Previous CAP Agenda and Attachments

Previous Response from the State Heritage Branch

5

25

58

Page 3 of 403

Page 4 of 403

Page 5 of 403

Page 6 of 403

Page 7 of 403

Page 8 of 403

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching.

Certificate of Title - Volume 6179 Folio 749

Parent Title(s) CT 6136/56

Creating Dealing(s) ACT 12555573

Title Issued 01/09/2016 Edition 1 Edition Issued 01/09/2016

Estate Type

FEE SIMPLE

Registered Proprietor

SPOTONGAWLER PTY. LTD. (ACN: 119 263 400)OF C/- EASTWOODS 62 THE PARADE NORWOOD SA 5067

Description of Land

LOT 2 PRIMARY COMMUNITY STRATA PLAN 28437IN THE AREA NAMED GAWLERHUNDRED OF NURIOOTPA

Easements

NIL

Schedule of Dealings

Dealing Number Description

12486485 MORTGAGE TO NATIONAL AUSTRALIA BANK LTD. (ACN: 004 044 937)

Notations

Dealings Affecting Title NIL

Priority Notices NIL

Notations on Plan

Lodgement Date Dealing Number Description Status

28/06/2016 12555574 BY-LAWS Filed

28/06/2016 12555575 SCHEME DESCRIPTION Filed

Registrar-General's Notes NIL

Administrative Interests

CONFIRMED IN SA HERITAGE REGISTER 28/11/1985

Product Register Search (CT 6179/749)

Date/Time 15/08/2017 12:16PM

Customer Reference 490/357/2017

Order ID 20170815005852

Cost $28.25

Land Services Page 1 of 1

Copyright Privacy Disclaimer: www.sailis.sa.gov.au/home/showCopyright www.sailis.sa.gov.au/home/showPrivacyStatement www.sailis.sa.gov.au/home/showDisclaimerPage 9 of 403

Page 10 of 403

Pa

ge

11

of

40

3

Pag

e 1

2 o

f 403

Pag

e 1

3 o

f 403

1

Ebony Cetinich

From: Barry Haynes <[email protected]>

Sent: Tuesday, 28 November 2017 10:56 AM

To: Ebony Cetinich

Subject: WINDOW size estimate

Attachments: LED SCREEN.jpg

Hi Ebony

Please see attached.

This basic file also explains pixel pitch. The number simply represents the distance between the pixels. Lower the

number, sharper the image. We are installing 8mm very high quality image.

Page 14 of 403

Pag

e 1

5 o

f 403

From: Barry Haynes

To: Ebony Cetinich

Cc: "Brad glynde"

Subject: RE: DA490/357/2017 - Outcome of Council Assessment Panel Meeting - 81-87 Murray Street Gawler

Date: Tuesday, 14 November 2017 11:22:24 AM

Good morning Ebony

I have just sent you several emails in response to the below requests.

We respect and accept Councils opinion and would like to make some adjustments and

recommendations to lead to a positive outcome.

As such-

-We note to install away from vents and pipe.

- We note to install so as wall can be reinstated.

-We suggest we reduce the size of the sign - height by 320mm to 1280 mm not 1600mm

-We have supplied accurate image showing distances from vents, pipe and window.

-We suggest the addition of a decorative timber frame to soften and marry with the building.

(surrounding screen)

-We suggest we remove the existing untidy banners on the balcony to enhance the facade.

-We have provided examples of tasteful content to be displayed

-We note Illuminated Signage of size in several positions on the main st.

eg. Flashing neon - Gawler Palace - POKIES neon Kingsford Hotel

Mainly - KINGSFORD HOTEL - Large illuminated box sign on wall of similar size to our request

(please see photos provided)

We hope the above compromises and intent to conform meet with a positive outcome.

Please acknowledge receipt of all emails GOLDEN FLEECE 1 to 7.

We will attend Assessment panel 11-12-17.

Regards Barry

Barry Haynes

ph 82818944 m 0412855932

Page 16 of 403

Pag

e 1

7 o

f 403

Pag

e 1

8 o

f 403

Pag

e 1

9 o

f 403

Pag

e 2

0 o

f 403

Pag

e 2

1 o

f 403

Pag

e 2

2 o

f 403

Pag

e 2

3 o

f 403

Pag

e 2

4 o

f 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

37

DEVELOPMENT APPLICATION OVERVIEW

Item Number 5.4

Development Application 490/357/2017

Author(s) Development Assessment Planner (Ebony Cetinich)

Applicant Haynes Signs

Owner Spotongawler Pty Ltd

Subject Land 81-87 Murray Street, Gawler

75 Murray Street, Gawler

Certificate of Title LOT: 2 PLN: C28437 CT: 6179/749

LOT: 91 PLN: F204426 CT: 5399/948

Description of Development Flat Wall Sign (One (1) LED Screen Measuring 2.24 Metres x

1.59 Metres)

Zone Town Centre Historic (Conservation) Zone

Policy Area Town Centre Light Policy Area

Nature of Development Merit

Public Notification Category Category 1

Representations N/A

Previous Motion N/A

Lodgement Date 04/07/2017

Development Plan 28 April 2016

Delegation Clause 3.3.1.6 – A form of development which the Manager

of Development, Environment and Regulatory Services

deemed to be more appropriately considered by the Council

Assessment Panel.

Recommendation Development Plan Consent be granted subject to Conditions

Attachments Under Separate

Cover

Attachment 1 –

Attachment 2 –

Attachment 3 –

Application Plans and Documentation

Internally illuminated signs attached to Local and State Heritage listed buildings

State Heritage Branch Referral Response

PROPOSAL

The subject development proposal seeks for the placement of a Flat Wall Sign (One (1) LED Screen)

on the southern façade of a State Heritage listed building (The Golden Fleece Hotel).

More specifically, the sign will entail:

Dimensions in the order of 2.24 Metres Long x 1.59 Metres High and 0.25 Metres Wide

Page 25 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

38

Content in relation to the operations of the Golden Fleece Hotel only.

Content will comprise a set of 5 static images (no video content), to be displayed on a 24

hour rotating basis, with images changing every 30 seconds.

Illumination levels managed by an automatic brightness controller.

Brightness levels will automatically adjust depending on the ambient conditions (i.e. sunny

day, cloudy day, night time etc.).

Copies of the plans and documentation relating to this application are contained within Attachment

1.

LOCALITY

The locality is completely contained within the Town Centre Historic (Conservation) Zone and

more specifically, the Town Centre Light Policy Area.

The wider locality includes with Residential Historic (Conservation) Zone and Special Uses

Zone.

The locality comprises various commercial and retail uses, ranging from banks, restaurants,

hotels, offices, shops and petrol filling stations.

Signage is prevalent within the locality. Common sign types include under verandah,

verandah fascia, projecting, flat wall and shop front.

A number of internally illuminated signs are observed within the locality, with approximately

10 internally illuminated signs attached to Local Heritage Places and 7 internally illuminated

signs attached to State Heritage Places (see Attachment 2).

See Figure 1 on the following page for a detailed Locality Plan.

Page 26 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

39

Figure 1: Locality Plan

Page 27 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

40

SUBJECT SITE

The subject site comprises two allotments located at 75 Murray Street and 81-87 Murray

Street, Gawler and is legally recognised as Deposited Plan F204426, Certificate of Title

Volume 5399 Folio 948 and Deposited Plan C28437 and Certificate of Title Volume 6179

Folio 749 (respectively).

Both allotments are currently under the same ownership.

75 Murray Street, Gawler contains an existing building and associated car parking area

currently used as a consulting room (medical clinic).

81-87 Murray Street, Gawler contains an existing State Heritage listed building which is

currently occupied by the Golden Fleece Hotel. The walls of the existing building largely form

the boundaries of this allotment.

As the proposed sign is located on the southern boundary wall, an easement for

encroachment will be registered over 75 Murray Street, Gawler, to formalise and legally

acknowledge the extent of encroachment (by the protruding sign). The easement is required

as the sign encroaches over another allotment and may cause issues in the future should

land owners change. The applicant has provided written confirmation from the owner of 75

Murray Street, consenting to an easement being registered over the property. The easement

will inform any future land owner of the encroachment and cannot be removed unless both

owners consent to the removal.

NATURE OF DEVELOPMENT

The proposed development is not listed as either a 'complying' or 'non-complying' form of

development under the Town Centre Historic (Conservation) Zone, as contained within the

Gawler (CT) Development Plan consolidated 28 April 2016. The application must therefore be

assessed as a 'merit' form of development as per Section 35(5) of the Development Act 1993.

CATEGORISATION (PUBLIC NOTIFICATION)

This application was not required to be advertised pursuant to Section 38 of the Development

Act 1993. The proposal is considered to be a Category 1 form of development, in accordance

with Schedule 9, Part 1, 6(1)(h) of the Development Regulations 2008, as the development is

located within a Town Centre Zone.

Page 28 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

41

REFERRALS

The following external referrals were undertaken:

Department/Agency Reason

State Heritage Branch Formal referral in accordance with Schedule 8, 2, 5 (1) of the

Development Regulations 2008 as the proposal directly affects a State

Heritage Place.

CommentsSubject to the recommendation set out in the referral response, the

proposed development is considered to be acceptable for the following

reason/s.

The proposed LED sign on the south facing wall at high level will

be visible from Murray Street, and will be in a location that has

traditionally been used for advertising on the building.

The size and location of this sign is appropriate to the State

Heritage listed hotel, however it is understood that its

illumination and animation may be contrary to Council policy for

the area.

The signage proposed will not have a negative impact on the

heritage values of the place.

A copy of the external referral response is contained within Attachment 3.

The following internal referrals were undertaken:

Internal Departments Reason

Engineering Traffic safety assessment

Comments The proposed sign is within the restricted area of an intersection,

otherwise, it complies with the Department of Planning, Transport

and Infrastructure’s (DPTI) Advertising Signs Assessment

Guidelines for Road Safety checklist (herein referred to as DPTI’s

Advertising Guidelines).

There are no crashes recorded at junction of Murray Street and

Calton Road within the previous 5 years. The junction of Murray

Page 29 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

42

Street and Calton Road is delineated very well, the driver will need

to negotiate only one lane of traffic in very low speed environment.

There are no traffic signals or traffic control devices within the

vicinity of the sign.

No additional Information is required, the applicant will need to

comply with DPTI’s Advertising Guidelines at all times.

Heritage Architect Design review as the sign is located within a Heritage Conservation

Zone

Comments The proposed sign will be located on the south wall of the hotel, in

the traditional and commonly found location. Therefore, it is not an

unexpected location.

Council Wide (CW) Principle of Development Control (PDC) 203 is

supportive of the sign because:

o It will not conceal architectural detailing, being located on a

blank wall;

o It will be in scale with the building;

o It will be removable; and

o It will not obscure the original frontage.

The Town Centre Historic (Conservation) Zone (TCH(C)Z) PDC 31

refers to Table Ga/4, which is accepting of a flat wall sign that is of

the size proposed, because the sign does not dominate the entire

wall.

TCH(C)Z PDC 33 does not support internally illuminated signs on

State Heritage listed buildings, stating that internally illuminated

signs are inappropriate. While an externally illuminated flat wall

sign would be acceptable, I cannot support this proposal due to this

provision, despite the reasonable standard of design and

placement of the sign.

Page 30 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

43

ASSESSMENT

The zoning of the land and relevant provisions

The following Town of Gawler Development Plan Objectives and Principles of Development Control

(PDC’s) were considered in the assessment of this application:

Development Plan 28 April 2016

Zone Town Centre Historic (Conservation) Zone

Policy Area Town Centre Light Policy Area

Section Objectives Principles of Development Control

Council Wide:

Appearance of Land, Buildings and the Public Environment

1 1, 4

Centres and Shops 8 25(j)

Conservation 12 35

Outdoor Advertisements 65, 66 and 67 182, 183, 184, 185, 186, 187, 188,191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 203, 204

Zone:

Town Centre Historic (Conservation) Zone

Desired Character Statement and Objectives 5, 12 and 14

13, 15, 16, 22, 31, 32 and 33

Policy Area:

Town Centre Light Policy Area

Desired Character Statement Nil

Table Ga/4 Design Criteria for a Flat Wall Sign

Background

The site has been subject to a recent Development Application (490/108/2016) for the following:

An internally illuminated light box (flat wall sign), measuring 2.4 metres x 2.4 metres, located

in the same position as the proposed LED screen on the southern façade of the Golden

Fleece Hotel.

An externally illuminated flat wall sign, measuring 6 metres x 1.5 metres, located on the side

wall of the multi-level car park to the rear of the Golden Fleece Hotel fronting Calton Road.

An internally illuminated projecting sign, measuring 2 Metres x 0.3 Metres located at the

entrance of the multilevel car park fronting High Street.

Page 31 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

44

Following an initial planning and heritage assessment of the application, issues were raised in

relation to the size and placement of the flat wall sign over the architectural detailing of the car park

wall. The applicant failed to address a request for additional information and the application was

subsequently refused for lack of information pursuant to Section 39(3) of the Development Act 1993.

To address the concerns previously raised, a new Development Application was lodged with Council

(subject of this report). The amended proposal involves a reduction in the number and size of signs

proposed (reduced from three signs to one), which is considered to be a significant improvement on

the original proposal.

Land Use and Character

The Gawler Development Plan does not make specific reference to LED screens. For the

purposes of assessing the proposal against the provisions of the Development Plan, it is

considered that an LED screen best fits within the definition of a flat wall sign, given the

similarities in form and placement on a building.

Advertising displays are listed as an appropriate use within the Town Centre Light Policy

Area (the Policy Area). The proposed sign will be used in association with an existing hotel

(Golden Fleece), content will relate to the operations of the Golden Fleece Hotel only and will

not include any third party advertising, in accordance with Council Wide PDC 204. For

example the content may relate to weekly meal specials or upcoming events at the Golden

Fleece Hotel.

Town Centre Historic (Conservation) Zone (the Zone) PDC 32 lists flat wall signs as an

appropriate sign type within the Zone. PDC 33 of the Zone elaborates further, stating that

internally illuminated signs on buildings of Local or State heritage significance are

inappropriate. In spite of this, the State Heritage Branch have reviewed the proposal and

determined that the proposed sign will not have a negative impact on the heritage values of

the heritage item.

Despite PDC 33 of the Zone, the locality contains a number of existing internally illuminated

sign located on buildings of Local or State Heritage significance. As detailed previously, 17

internally illuminated signs are attached to buildings of Local or State Heritage significance.

In addition, internally illuminated signage has been attached to the subject building in the

past (see Photo 1). Therefore, this application does not represent the first occurrence of an

internally illuminated sign attached to a Local or State Heritage Item.

Page 32 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

45

Photo 1: Previous examples of signage located on the subject building

The proposed sign is not considered to detract from the existing character, given that

advertising signage is prevalent within the locality and levels of illumination will be carefully

controlled in accord with DPTI’s advertising guidelines. As such, the proposal is in

accordance with Council Wide PDC 183 and Town Centre Historic (Conservation) Zone

(TCH(C)Z) Objective 12 and PDC’s 13 and 15.

While internally illuminated signs are prevalent within the locality, the proposed sign will be

the first LED screen along the main street. In saying this, it is considered that the proposed

sign is consistent with the desired character of the Policy Area which allows for various types

of signage, provided that a high level of integration and respect for the architecture of

individual buildings is achieved (discussed further in the following section), consistent with

Council Wide PDC 183 and 197.

Signage Design and Heritage

The proposed sign will be located upon a State Heritage listed building, specifically, a blank

wall (painted) on the southern façade of the building (see Photo 2). Its placement will not

conceal architectural detailing and will be of a scale that is proportionate with the existing

building and other signage within the locality, consistent with Council Wide PDC’s 182, 187,

197, 199 and 203, TCH(C)Z PDC’s 22 and 31 and Table Ga/4.

Page 33 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

46

Photo 2: Blank façade where proposed sign is to be attached

As demonstrated by Photo 1, the proposed sign will be placed in a position that has

traditionally been used for advertising signage. Its positioning will not disturb the primary

frontage of the building nor dominate views of the State Heritage Place when viewed from

the public realm, in accordance with Council Wide PDC’s 197 and 203. It is clear from this

photo that the proposed sign (combined with existing signage) will result in a more

sympathetic and tasteful approach to advertising signage than past examples.

The proposed sign will be the only sign located on the southern façade of the building and as

such, will not contribute to visual clutter or untidiness in accordance with Council Wide

Objective 65 and PDC’s 185 and 197 and Table Ga/4.

The application was referred to Councils Heritage Architect for comment as the subject site

is located within the Town Centre Historic (Conservation) Zone. The Heritage Architect

confirmed that the proposed sign is placed in a traditional and commonly found location on

the building and will not conceal architectural detailing or obscure the original frontage. In

spite of this, the Heritage Architect is not in support of the proposal given the conflict with

Council Wide PDC 33 (as discussed in the previous section). It is considered that the intent

of this provision is to ensure that the heritage character of the Zone and the heritage value

of the place is not negatively impacted by signage. The State Heritage Branch are in support

Page 34 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

47

of the proposal and have stated that the proposed signage will not have a negative impact

on the heritage values of the place. As such, it is considered that the intent of Council PDC

33 is not troubled by the proposed sign, despite being of an internally illuminated nature.

Impact on Amenity and Safety

The proposed sign is of an internally illuminated nature. Luminosity (brightness) levels will be

managed at by an automatic brightness controller in accordance with DPTI’s Advertising

Guidelines. Luminosity levels will change depending on the time of day and ambient

conditions (i.e. higher luminosity levels on a sunny day and lower luminosity levels on a

cloudy day and at night). As the luminosity levels stipulated within DPTI’s Advertising

Guidelines will be closely adhered to, the illumination of the proposed sign is not considered

to cause light unreasonable overspill or nuisance to adjoining land owners or result in an

increased hazard or distraction to persons travelling by any means, in accordance with

Council Wide Objective 67 and PDC’s 184, 192, 194 and 196.

Content displayed on the proposed LED screen will be a set of static images on a rotating

basis, changing every 30 seconds. While the images will change, no video content will be

displayed and no element of the sign will flash, scroll or move. The proposed sign is not

located within close proximity to a signalised intersection or pedestrian actuated crossing and

will not display images, text, backgrounds or block colours of red, amber/yellow or green. As

such, the content of the proposed sign is not considered to result in an increased distraction

to persons travelling by any means nor be liable to drivers as an official traffic sign or signal,

consistent with Council Wide Objective 67 and PDC’s 195 and 196.

The proposed sign will be located flat on the southern façade of the building. As such, the

drivers view of other road vehicles, pedestrians, junctions and traffic control signs will not be

obscured, in accordance with Council Wide PDC 193.

CONCLUSION

The applicant is proposing signage in the form of an LED screen located on the side wall of a State

Heritage building. The proposed sign is considered to be consistent with the existing and desired

character of the Zone, despite being the first LED screen along the main street. The size of the

proposed sign is in scale with the existing building and will not conceal architectural detailing. Despite

being of an internally illuminated nature, the State Heritage Branch have confirmed that the proposed

sign will not have a negative impact on the heritage values of the place. As the luminosity levels and

Page 35 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

48

content will be carefully controlled and in accordance with DPTI’s Advertising Guidelines, the

proposed sign is unlikely to result in an increased safety risk nor nuisance to adjoining land

owners/occupiers.

On balance, it is considered that the proposal adequately satisfies the relevant provisions of the

Gawler Development Plan and it is recommended that Development Plan Consent be granted

subject to the conditions below.

RECOMMENDATION

That the Town of Gawler Council Assessment Panel:

1. That having regard to the relevant provisions of the Gawler (CT) Development Plan,

pursuant to Section 33(1) of the Development Act 1993, that the application is not

seriously at variance with the Development Plan; and

2. That Development Plan Consent be GRANTED to Development Application

490/357/2017 by HAYNES SIGNS for a Flat Wall Sign (One (1) LED Screen Measuring

2.24 Metres x 1.59 Metres) at 75 and 81-87 Murray Street GAWLER 5118, subject to the

following conditions:

Reserved Matter requirements:

The following detailed information shall be submitted for further assessment by Council Staff, as

delegates of the Council Assessment Panel, and are deemed to be reserved matters pursuant to

section 33(3) of the Development Act 1993.

(1) Appropriate documentation from the Lands Titles Office (e.g. Certificate of Title or

Confirmation of Registration details) shall be provided to Council demonstrating that an

easement for encroachment has been registered over 75 Murray Street, Gawler to formalise

encroachment of the approved sign.

Development Plan Consent Conditions:

(1) The development hereby approved shall be undertaken in accordance with Development

Application No 490/357/2017, the approved plans, details and conditions therein.

REASON: To ensure the development is undertaken in accordance with the

approved documentation.

Page 36 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

49

(2) The advertisement(s) and support structure(s) shall be prepared and erected in a

professional and workmanlike manner and maintained in good repair at all times, to the

reasonable satisfaction of Council.

REASON: To protect the amenity of the locality and the values of the State Heritage

Place.

(3) Appropriate measures shall be implemented to ensure that the illuminance and luminance

levels emanating from the approve sign do not cause nuisance to adjacent occupiers, or

cause a distraction to drivers on adjacent public roads.

REASON: To protect the amenity of the locality and to maintain the safety of road users.

(4) The illuminance (Lux) and luminance (Cd/m2) levels of the sign hereby approved shall be

within the following parameters, in accordance with Australian Standard AS 4852.1:2009 and

the Department of Planning, Transport and Infrastructures Advertising Signs Assessment

Guidelines for Road Safety, to the reasonable satisfaction of Council.

REASON: To protect the amenity of the locality and to maintain the safety of road users.

Ambient Conditions Sign Illuminance

(Lux)

Maximum Sign

Luminance (Cd/m2)

Minimum Sign

Luminance (Cd/m2)

Sunny Day 40,000 6,300 2,800

Cloudy Day 4,000 1,100 500

Twilight 400 300 200

Dusk 40 200 100

Night <4 150 60

(5) No element of the proposed sign shall scroll, flash or contain video content at any time.

REASON: To protect the amenity of the locality and to maintain the safety of road users.

(6) Content shall consist of static images only and rotate/change at a rate no faster than one (1)

image per 30 seconds.

REASON: To protect the amenity of the locality and to maintain the safety of road users.

(7) The LED component of the sign shall not display images, texts, backgrounds or block colours

of red, yellow/amber or green.

REASON: To protect the amenity of the locality and to maintain the safety of road users.

Page 37 of 403

COUNCIL ASSESSMENT PANELAGENDA

Monday 13 November 2017

50

(8) The requirements of the Department of Planning, Transport and Infrastructure Advertising

Signs Assessment Guidelines for Road Safety, shall be adhered to at all times to the

reasonable satisfaction of Council.

Reason: To protect the amenity of the locality and to maintain the safety of road users.

(9) Images displayed on the approved sign shall relate to the operations of the Hotel only and

shall not be of a religious, political, provocative or marketing nature.

REASON: To ensure the content of the sign is relevant to the use of the land and is not

offensive.

(10) No third party advertising shall occur at any time.

REASON: To ensure the content of the sign is relevant to the use of the land.

(11) That no advertisement or advertising display other than those depicted on the approved

plans, shall be erected and/or displayed within the subject land without the prior consent of

Council.

REASON: To ensure the development is undertaken in accordance with the approved

documentation.

Page 38 of 403

Town of GawlerCouncil Assessment Panel

ATTACHMENTS UNDER SEPARATE COVER

Monday 13 November 2017

Item Page No

5.4 Development Application: 116

Applicant:

Address:

Nature of Development:

118

132

134

Page 39 of 403

Page 40 of 403

Page 41 of 403

Page 42 of 403

Page 43 of 403

The Registrar-General certifies that this Title Register Search displays the recordsmaintained in the Register Book and other notations at the time of searching.

Certificate of Title - Volume 6179 Folio 749

Parent Title(s) CT 6136/56

Creating Dealing(s) ACT 12555573

Title Issued 01/09/2016 Edition 1 Edition Issued 01/09/2016

Estate Type

FEE SIMPLE

Registered Proprietor

SPOTONGAWLER PTY. LTD. (ACN: 119 263 400)OF C/- EASTWOODS 62 THE PARADE NORWOOD SA 5067

Description of Land

LOT 2 PRIMARY COMMUNITY STRATA PLAN 28437IN THE AREA NAMED GAWLERHUNDRED OF NURIOOTPA

Easements

NIL

Schedule of Dealings

Dealing Number Description

12486485 MORTGAGE TO NATIONAL AUSTRALIA BANK LTD. (ACN: 004 044 937)

Notations

Dealings Affecting Title NIL

Priority Notices NIL

Notations on Plan

Lodgement Date Dealing Number Description Status

28/06/2016 12555574 BY-LAWS Filed

28/06/2016 12555575 SCHEME DESCRIPTION Filed

Registrar-General's Notes NIL

Administrative Interests

CONFIRMED IN SA HERITAGE REGISTER 28/11/1985

Product Register Search (CT 6179/749)

Date/Time 15/08/2017 12:16PM

Customer Reference 490/357/2017

Order ID 20170815005852

Cost $28.25

Land Services Page 1 of 1

Copyright Privacy Disclaimer: www.sailis.sa.gov.au/home/showCopyright www.sailis.sa.gov.au/home/showPrivacyStatement www.sailis.sa.gov.au/home/showDisclaimerPage 44 of 403

Page 45 of 403

Pa

ge

46

of

40

3

Pag

e 4

7 o

f 403

Pa

ge

48

of

40

3

Pa

ge

49

of

40

3

Pa

ge

50

of

40

3

Pa

ge

51

of

40

3

Pa

ge

52

of

40

3

Pa

ge

53

of

40

3

Internally illuminated signs attached to Local and State Heritage listed buildings

Local Heritage Place (The Exchange Hotel) State Heritage Place (Shops) Local Heritage Place (Shops/Wilcox Building)

155 Murray Street, Gawler 146-154 Murray Street, Gawler 110 Murray Street, Gawler

Local Heritage Place (Shops/Wilcox Building) Local Heritage Place (Gawler Arms Hotel) Local Heritage Place (OPSM)

106 Murray Street, Gawler 102 Murray Street, Gawler 50 Murray Street, Gawler

State Heritage Place (Phoenix Foundry/Target) State Heritage Place (Phoenix Foundry/Target) State Heritage Place (Kingsford Hotel)

1 Calton Road, Gawler East 1 Calton Road, Gawler East 30 Murray Street, Gawler

Page 54 of 403

State Heritage Place (Kingsford Hotel) Local Heritage Place (Office) State Heritage Place (Formerly Bank)

30 Murray Street, Gawler 39 Murray Street, Gawler 33 Murray Street, Gawler

Page 55 of 403

Ref: SH/12126D

Date: 05 September 2017

Chief Executive Officer

Corporation of the Town of Gawler

PO Box 130

Gawler 5118

Attention: Ebony Cetinich

Dear Ms Cetinich

DESCRIPTION: SIGNAGE - GOLDEN FLEECE HOTEL (FORMERLY OLD SPOT HOTEL) AT 77 MURRAY STREET, GAWLER

Application number: 490/357/17

Referral received: 12/07/2017

State heritage place: Golden Fleece Hotel (previously Old Spot Hotel), 77-79 Murray Street

GAWLER

The above application has been referred to the Minister for Sustainability, Environment and

Conservation in accordance with Section 37 of the Development Act 1993 as development

that directly affects a State heritage place or, in the opinion of the relevant authority, materially

affects the context within which a State heritage place is situated.

Subject to the recommendation set out below, the proposed development is considered to be

acceptable in relation to the above State heritage place for the following reason/s.

· The proposed LED sign on the south facing wall at high level will be visible from Murray

Street, and will be in a location that has traditionally been used for advertising on the

building. It is the same location of a static illuminated signage panel already approved.

· The size and location of this sign is appropriate to the State Heritage listed hotel, however it

is understood that its illumination and animation may be contrary to Council policy for the

area.

· The signage proposed will not have an acceptable negative on the heritage values of the

place.

Recommendation

A. The following condition should be incorporated into any consent or approval.

Condition 1: Any fixings or wall anchors for the signage panels or electrical fittings shall be installed into mortar joints, NOT into stone or bricks.

Reason for condition: To ensure that the work is reversible at a later date.

B. The following advice is provided for Council’s information.

Advice 1: Animation of the sign panel display should conform to the included DPTI

Guidelines, and the be turned off for any period of the day where it is not necessary to

be lit, both to conserve energy and reduce visual impact.

State Heritage Unit

Page 56 of 403

General notes

1. Should Council not adopt the above recommendation in full, it will be necessary to obtain

the concurrence of the Development Assessment Commission before a decision is

conveyed to the applicant.

2. Any changes to the proposal for which planning consent is sought or granted may give rise

to heritage impacts requiring further consultation with the Department of Environment,

Water and Natural Resources, or an additional referral to the Minister for Sustainability,

Environment and Conservation. Such changes would include for example (a) an

application to vary the planning consent, or (b) Building Rules documentation that

incorporates differences from the proposal as documented in the planning application.

3. To ensure a satisfactory heritage outcome, Council is requested to consult the Department

of Environment, Water and Natural Resources in finalising any conditions or reserved matters

above.

4. In accordance with Regulation 43 of the Development Regulations 2008, please send the

Department of Environment, Water and Natural Resources a copy of the Decision

Notification.

5. Council is requested to inform the applicant of the following requirements of the Heritage

Places Act 1993.

(a) If an archaeological artefact believed to be of heritage significance is encountered

during excavation works, disturbance in the vicinity shall cease and the SA Heritage

Council shall be notified.

(b) Where it is known in advance (or there is reasonable cause to suspect) that significant

archaeological artefacts may be encountered, a permit is required prior to

commencing excavation works.

For further information, contact the Department of Environment, Water and Natural

Resources.

6. Council is requested to inform the applicant of the following requirements of the Aboriginal

Heritage Act 1988.

(a) If Aboriginal sites, objects or remains are discovered during excavation works, the

Aboriginal Heritage Branch of the Aboriginal Affairs and Reconciliation Division of the

Department of the Premier and Cabinet (as delegate of the Minister) should be notified

under Section 20 of the Aboriginal Heritage Act 1988.

For any enquiries in relation to this application I can be contacted by telephone on 8124 4922

or e-mail [email protected].

Yours sincerely,

Margaret Heathcote

Senior Conservation Architect

Department of Environment, Water and Natural Resources

as delegate of the

MINISTER FOR SUSTAINABILITY, ENVIRONMENT AND CONSERVATION

Page 57 of 403

Ref: SH/12126D

Date: 05 September 2017

Chief Executive Officer

Corporation of the Town of Gawler

PO Box 130

Gawler 5118

Attention: Ebony Cetinich

Dear Ms Cetinich

DESCRIPTION: SIGNAGE - GOLDEN FLEECE HOTEL (FORMERLY OLD SPOT HOTEL) AT 77 MURRAY STREET, GAWLER

Application number: 490/357/17

Referral received: 12/07/2017

State heritage place: Golden Fleece Hotel (previously Old Spot Hotel), 77-79 Murray Street

GAWLER

The above application has been referred to the Minister for Sustainability, Environment and

Conservation in accordance with Section 37 of the Development Act 1993 as development

that directly affects a State heritage place or, in the opinion of the relevant authority, materially

affects the context within which a State heritage place is situated.

Subject to the recommendation set out below, the proposed development is considered to be

acceptable in relation to the above State heritage place for the following reason/s.

· The proposed LED sign on the south facing wall at high level will be visible from Murray

Street, and will be in a location that has traditionally been used for advertising on the

building. It is the same location of a static illuminated signage panel already approved.

· The size and location of this sign is appropriate to the State Heritage listed hotel, however it

is understood that its illumination and animation may be contrary to Council policy for the

area.

· The signage proposed will not have an acceptable negative on the heritage values of the

place.

Recommendation

A. The following condition should be incorporated into any consent or approval.

Condition 1: Any fixings or wall anchors for the signage panels or electrical fittings shall be installed into mortar joints, NOT into stone or bricks.

Reason for condition: To ensure that the work is reversible at a later date.

B. The following advice is provided for Council’s information.

Advice 1: Animation of the sign panel display should conform to the included DPTI

Guidelines, and the be turned off for any period of the day where it is not necessary to

be lit, both to conserve energy and reduce visual impact.

State Heritage Unit

Economic and Sustainable Development Group

Level 881-91 Waymouth StreetAdelaide SA 5000

GPO Box 1047Adelaide SA 5001AustraliaDX138

Ph: +61 8 8124 4960Fax: +61 8 8124 4980

www.environment.sa.gov.au

Page 58 of 403

2

General notes

1. Should Council not adopt the above recommendation in full, it will be necessary to obtain

the concurrence of the Development Assessment Commission before a decision is

conveyed to the applicant.

2. Any changes to the proposal for which planning consent is sought or granted may give rise

to heritage impacts requiring further consultation with the Department of Environment,

Water and Natural Resources, or an additional referral to the Minister for Sustainability,

Environment and Conservation. Such changes would include for example (a) an

application to vary the planning consent, or (b) Building Rules documentation that

incorporates differences from the proposal as documented in the planning application.

3. To ensure a satisfactory heritage outcome, Council is requested to consult the Department

of Environment, Water and Natural Resources in finalising any conditions or reserved matters

above.

4. In accordance with Regulation 43 of the Development Regulations 2008, please send the

Department of Environment, Water and Natural Resources a copy of the Decision

Notification.

5. Council is requested to inform the applicant of the following requirements of the Heritage

Places Act 1993.

(a) If an archaeological artefact believed to be of heritage significance is encountered

during excavation works, disturbance in the vicinity shall cease and the SA Heritage

Council shall be notified.

(b) Where it is known in advance (or there is reasonable cause to suspect) that significant

archaeological artefacts may be encountered, a permit is required prior to

commencing excavation works.

For further information, contact the Department of Environment, Water and Natural

Resources.

6. Council is requested to inform the applicant of the following requirements of the Aboriginal

Heritage Act 1988.

(a) If Aboriginal sites, objects or remains are discovered during excavation works, the

Aboriginal Heritage Branch of the Aboriginal Affairs and Reconciliation Division of the

Department of the Premier and Cabinet (as delegate of the Minister) should be notified

under Section 20 of the Aboriginal Heritage Act 1988.

For any enquiries in relation to this application I can be contacted by telephone on 8124 4922

or e-mail [email protected].

Yours sincerely,

Margaret Heathcote

Senior Conservation Architect

Department of Environment, Water and Natural Resources

as delegate of the

MINISTER FOR SUSTAINABILITY, ENVIRONMENT AND CONSERVATION

Page 59 of 403